DEVELOPMENTAL LOCAL GOVERNMENT: DREAM DEFERRED?

PERSPECTIVES FROM CIVIL SOCIETY ON LOCAL GOVERNANCE IN SOUTH AFRICA the STATE OF LOCAL GOVERNANCE PUBLICATION

Since 2008, the Good Governance Learning Network and appropriate government institutions for the key has produced regular commentaries on the state of advocacy positions of the Network. local governance in South Africa in the form of its The following editions of the State of Local State of Local Governance Publication. The purpose Governance are published: Navigating Accountability of the publication is to present a civil society based and Collaboration in Local Governance (2017), (Re) assessment of the key challenges, debates and Claiming Local Democratic Space (2016), In Pursuit areas of progress with regards to governance and of Responsible and Responsive Local Government development at the local level in South Africa. The (2015), Community Resilience and Vulnerability in publication also aims to provide local government South Africa (2014), Active Citizenship Matters (2013), policy-makers and practitioners with practical Putting Participation at the Heart of Development// recommendations to improve policy, guidelines, Putting Development at the Heart of Participation systems and interventions, where necessary, based (2012), Recognising Community Voice and on a sound analysis of the context and an assessment Dissatisfaction (2011), Ethical Leadership and Political of the challenges and opportunities for improvements. Culture in Local Government (2010), and Local The publication has also been utilised to build Democracy in Action: A Civil Society Perspective on awareness of, and mobilise support within civil society Local Governance in South Africa (2008).

STATE OF LOCAL Active Citizenship GOVERNANCE Matters (2013) PUBLICATION CELEBRATING 10 YEARS

Local Democracy in Community Resilience Action: A Civil Society and Vulnerability in Perspective on Local South Africa (2014) Governance in South Africa (2008)

Ethical Leadership In Pursuit of and Political Culture Responsible and in Local Government Responsive Local (2010) Government (2015)

Recognising (Re)Claiming Local Community Voice and Democratic Space Dissatisfaction (2011) (2016)

Putting Participation Navigating at the Heart of Accountability and Development// Collaboration in Putting Development Local Governance at the Heart of (2017) Participation (2012) DEVELOPMENTAL LOCAL GOVERNMENT: DREAM DEFERRED?

Perspectives from civil society on Local Governance in South Africa

c GGLN 2018 developmental local government: dream deferred?

Table of Contents

About the Good Governance Learning Network ...... 3

Foreword ...... 5

Acknowledgements ...... 6

Introduction ...... 7

Opinion: Five suggestions to fix local government...... 10 Jaap de Visser, Dullah Omar Institute.

In Profile: Cape Town civic organisations – in search of meaningful participation...... 15 Ryan Fester, Development Action Group.

Do ward committees assist municipalities to achieve developmental goals? A case study of Buffalo City Metropolitan Municipality...... 19 Nontando Ngamlana and Sikhander Coopoo, Afesis-corplan.

Improving citizen participation in local government: Evidence from two case studies on participatory budgeting and municipal accountability tools...... 30 Frederick Kusambiza-Kiingi, Planact.

Reclaiming social accountability and participation to strengthen the integrity of local governance...... 42 Jens Horber, Isandla Institute.

Local democratic space in informal settlements...... 54 Maanda Makwarela and Tiffany Ebrahim, Socio-Economic Rights Institute of South Africa.

Local government’s response to 10 years of sustained activism...... 66 Dalli Weyers and Khadija Bawa, Social Justice Coalition.

Dream Deferred? Broken trust and the upgrading of Langrug informal settlement...... 76 Kwanda Lande and Yolande Hendler, Community Organisation Resource Centre.

In Profile: Meaningful citizen participation: the potential and shortfalls of technology...... 88 Luke Jordan and Mbalenhle Nkosi, Grassroot.

In Profile: Dreams deferred: Reflections on the local struggle for inclusive local economic development in the Theewaterskloof Local Municipality...... 92 Boyce Tom, Trust for Community Outreach and Education.

15 years of the Good Governance Learning Network...... 96 Monique Damons, Good Governance Learning Network Secretariat. The views expressed in this publication are those of the authors and do not necessarily represent the views of the GGLN

2 About the Good Governance Learning Network

The GGLN was founded in 2003 as a national initiative to bring together civil society organisations working in the field of local governance. The network offers a platform to facilitate networking, knowledge production and sharing, peer learning, collaboration and advocacy towards the goal of strengthening local governance in South Africa.

Vision

The creation of a strong civil society network that harnesses and builds the collective expertise and energy of its members to contribute meaningfully to building and sustaining a system of participatory, democratic and developmental local government in South Africa.

Objectives The objectives of the network are to: Share information and learning about local governance by creating an interface for organisations working in this arena. Document and disseminate best practices as well as produce information and research outputs that are of benefit to various stakeholders involved in local governance processes, including municipalities and communities. Advocate for changes in policy and practice to promote participatory local governance. Promote the development and replication of innovative models for participatory local governance and pro-poor development at the local level. Generate partnerships between civil society organisations, and between civil society and government at various levels, to strengthen local governance processes.

Values

The GGLN is underpinned by the following set of values, to which all members of the network commit themselves: Participatory and pro-poor governance. Non-partisanship. Constructive engagement with government and other stakeholders. Working together in the interest of achieving the Network’s objectives. Sharing the benefits of membership of the Network amongst active members. Building the capacity of the member organisations of the Network.

Perspectives from Civil Society on Local Governance in South Africa 3 developmental local government: dream deferred?

Members

Full Members: Afesis-corplan Black Sash Built Environment Support Group Community Organisation Resource Centre Democracy Development Program Development Action Group Dullah Omar Institute Isandla Institute Parliamentary Monitoring Group People’s Environmental Planning Planact Social Justice Coalition Socio-Economic Rights Institute of South Africa Trust for Community Outreach and Education

Associate Members: Community Development Resource Association Grassroot Ikhayalami Development Services OpenUp PDG Sonke Gender Justice University of the Western Cape, Department of Political Studies

Contact

The Secretariat of the GGLN is Physical address: Postal address: hosted by Isandla Institute Ubunye House, 1st Floor P.O. Box 53057 Tel: +27 21 683 7903 70 Rosmead Avenue Kenilworth Email: [email protected] Kenilworth 7745 www.ggln.org.za 7708 Cape Town Cape Town

4 Foreword

This year marks the 20th anniversary of the White Paper on Local Government, which heralded in the current system of local government in South Africa. 2018 is also a momentous occasion for the Good Governance Learning Network (GGLN), as it celebrates its 15th anniversary and the 10th issue of ‘The State of Local Governance’ publication.

It is no secret that local government as we know it is a distant – and at times distorted – image of the notion of developmental local government that the White Paper envisions. Weak leadership, lack of capacity, mediocre performance, financial mismanagement, corruption, poor relationships with civic groups and communities are but some of the frequent laments about local government. Any and all of these are antithetical to the intention of local government as a democratic, inclusive, delivery-oriented sphere of government. While the principles underlying the current system of local government may have been sound, particularly at that moment in time when an exclusive and exclusionary system needed to be transformed into an inclusive and democratic one, there is no denying that many of these principles have been subverted, either intentionally or inadvertently.

The vision of the White Paper is sometimes held up as a formula, rather than an ambition. It would be more useful to think of developmental local government as a journey, rather than a destination. Some municipalities are undoubtedly further ahead on that journey than others – and are possibly more adventurous travellers, willing to embrace what comes their way in an attempt to overcome obstacles, create new pathways and find travel companions to walk with. Others, however, seem to be stuck or even moving in the wrong direction. This suggests that a sophisticated system of signposting, coaching, support, redirection and, ultimately, direct intervention (in the case of disqualification) is needed, depending on where those ‘travellers’ may be located.

During its lifespan, the GGLN and its members have kept a vigilant eye on the state of local government, and in particular how it ‘journeys’ with local communities and civic groups to improve the lived experiences of local residents. Previous ‘The State of Local Governance’ publications repeatedly show that the realm of public engagement and social accountability leaves a lot to be desired. As this particular issue confirms yet again, more often than not, communities are not ‘travel companions of choice’ as municipalities seemingly prefer to predetermine the route and end of the journey.

‘The State of Local Governance’ publications also attest to the commitment, perseverance and innovation civil society organisations, individually and collectively, bring to the complex terrain of local governance and development. One of the challenges faced in this regard is the issue of sustained financial resources: to ensure that successful pilot projects can be replicated and scaled up; to be able to distil lessons for policy and practice from highly diverse and contextual realities (based on the work by individual member organisations); and, to allow organisations to be resilient and focus as much on learning and networking as on ‘doing’.

As the GGLN faces a critical juncture in terms of its continued existence, we offer this publication by way of both celebrating the achievements of the network and its member organisations, and as a reminder of – and renewed commitment to – the long and at times challenging journey ahead towards developmental local government.

Mirjam van Donk Isandla Institute / Chairperson of the GGLN Reference Group Cape Town, July 2018

Perspectives from Civil Society on Local Governance in South Africa 5 developmental local government: dream deferred?

Acknowledgements

The GGLN Secretariat wishes to express its deep appreciation to all who contributed to the production of the 2018 State of Local Governance publication.

The publication would not have come about without the contribution and determination of the authors, and the support of their respective organisations: Ryan Fester (Development Action Group); Nontando Ngamlana and Sikhander Coopoo (Afesis-corplan); Frederick Kusambiza-Kiingi (Planact); Jens Horber (Isandla Institute); Maanda Makwarela and Tiffany Ebrahim (Socio-Economic Rights Institute of South Africa); Dalli Weyers and Khadija Bawa (Social Justice Coalition); Kwanda Lande and Yolande Hendler (Community Organisation Resource Centre); Luke Jordan and Mbalenhle Nkosi (Grassroot); and Boyce Tom (Trust for Community Outreach and Education).

Our deep appreciation extends to the peer reviewers (Fiona Anciano, Alana Potter, Lerato Shai, Luke Jordan, Ronald Eglin, Nontando Ngamlana, Helen Rourke and Mirjam van Donk), who offered their time and expertise generously, providing authors with rigorous feedback during the writing process. Thanks are also due to text editor, Caitlin Martin, who provided in-text support. At the GGLN Secretariat, Monique Damons managed the production process and navigated the challenges and pressures associated with this role, with support from Mirjam van Donk.

Thank you to the 2018 GGLN Reference Group Members who provided invaluable guidance and insight during the production journey. Your service to the Network ensures its continuous growth and sustained value to the sector. Reference Group Members are: Frederick Kusambiza-Kiingi (Planact), Nontando Ngamlana (Afesis- corplan), Adi Kumar (Development Action Group), Alana Potter (Socio-Economic Rights Institute of South Africa) and the Chairperson, Mirjam van Donk (Isandla Institute).

The GGLN Secretariat The production of the publication was made possible with financial support from the Charles Stewart Mott Foundation, whose support for the Network and its activities is deeply appreciated.

6 Executive Summary

The theme of this year’s publication, Developmental Local Government: Dream Deferred? centres around three milestones – the 20-year anniversary of the White Paper on Local Government, the 15-year anniversary of the Good Governance Learning Network and the 10th State of Local Governance publication.

Twenty-year anniversary of the White Paper on Local Government

The White Paper on Local Government (1998) is a landmark policy approach/framework aimed at rectifying apartheid municipal functions focused on creating and perpetuating separation and inequity at the local level. The White Paper alludes to the development and implementation of a well-functioning, innovative and independent local government system. This journey commenced after the first democratic local government elections in 2000. Over the past 18 years, however, while there have been significant accomplishments, systemic challenges such as poor governance, including poor civic engagement, have over time emerged and remained. The 20-year anniversary of the White Paper therefore represents a critical juncture for engagement with local government issues understood from a multitude of perspectives. Using the White Paper as a point of departure, the State of Local Governance (SoLG) 2018 fittingly aims to take stock of the past and current achievements and shortcomings of local government as well as those of civil society in the local governance space. It is further forward looking, signalling what can and needs to be done across both of these sectors.

Fifteen-year anniversary of the Good Governance Learning Network

The Good Governance Learning Network (GGLN) was established in 2003 in response to the need for strengthened and more coherent peer networking, learning and collaboration among civil society organisations (CSOs) working to strengthen local governance in South Africa. The GGLN further emerged in response to continuing institutional and sector changes and challenges experienced by CSOs working in local governance in South Africa. The networking and learning work of the GGLN has over the years specifically responded to the continued challenges in the local governance space, speaking to the role of civil society in local governance and touching on many areas of local government policy and practice. SoLG 2018 provides a warranted reflection on the work of the GGLN over the past 15 years.

The 10th State of Local Governance publication

The State of Local Governance 2018 builds on the previous nine publications. Previous SoLG’s, like SoLG 2018, enabled GGLN members to speak to a range of local governance challenges but also to their role in working to address these challenges. Contributors to SoLG 2018 had a wide range of themes and topics related to the role of civil society in local governance which they could focus their papers on. Interestingly though, ‘civic participation’ - including its importance, the lack thereof, structures, processes, the need and mechanisms for improvement - has

Perspectives from Civil Society on Local Governance in South Africa 7 developmental local government: dream deferred?

emerged as a central theme running through all the contributions. As in previous years, SoLG 2018 is constituted by research papers, case studies and In Profile submissions (short summaries based on project methods/practice/ insights). Given the theme of this year’s publication, and that this is an anniversary year, however, SoLG 2018 offers even more. SoLG 2018 begins with an opinion piece by Jaap de Visser of the Dullah Omar Institute. Jaap reiterates the current local government challenge, which was recently pushed more firmly into the consciousness of South Africans with the release of the latest municipal audit results, and provides five suggestions to remedy the current local government challenge. The piece serves as a fitting introduction to this year’s publication. The opinion piece is followed by four papers focused broadly on citizen participation in relation to participation structures and possible improvement mechanisms. The first paper takes the form of an In Profile contribution from the Development Action Group. Authored by Ryan Fester, the paper reflects on the specific challenges civic organisations face when aiming to effectively engage in participatory processes, and, given these challenges, the strategies and tactics they have resorted to in an effort to hold government accountable. It also briefly proposes a new model of participation for civic organisations. DAG’s In Profile is followed by a research paper authored by Nontando Ngamlana and Sikhander Coopoo from Afesis-corplan. The paper illustrates a research project undertaken by Afesis-corplan to assess the effectiveness of the functions of ward committees, outside of the primary function of facilitating inclusive participation in local governance decision-making. The paper is based on the premise that the mandate of ward committees extends beyond that of its primary role, and that while committee performance in facilitating inclusive participation may be falling short, committees may be performing well in other functional areas. Using Buffalo City Metropolitan Municipality as a case study, the paper specifically investigates the extent to which ward committees contribute to the attainment of the developmental goals of local government. Planact’s Frederick Kusambiza-Kiingi then offers a case study using the experiences of Planact gained through the implementation of its participatory budgeting and municipal accountability tools. Using these experiences, the paper attempts to establish whether the current low level of citizen participation in local governance can be attributed to a disjuncture between the principles and policies of the White Paper on Local Government (1998). The paper further discusses the benefits of and challenges to citizen participation in local governance processes, and concludes with recommendations to improve citizen participation. Subsequent to Planact’s contribution is Isandla Institute’s research paper, authored by Jens Horber. The paper draws on the work of The Integrity, Transparency, Accountability and Technology (InTAcT) Project that forms part of the Cities Support Programme of National Treasury, and which is supported by the Isandla Institute and Strategies for Change. It builds on a discussion of the contextual factors that often present complex participation, accountability and integrity challenges to good governance at the local level, with specific reference to land and infrastructure development decision-making. It also reflects on how accountable and participatory local government can be strengthened via innovative tools and mechanisms, specifically community-based monitoring and planning concordats, and how these can be supported by local government, civil society, the private sector and other stakeholders. The following three papers focus on citizen engagement specifically within the informal settlement context.

8 The first of the three papers is presented by the Socio-Economic Rights Institute of South Africa (SERI). Authored by Maanda Makwarela and Tiffany Ebrahim, it takes the form of a research paper. The paper is based on research conducted as part of SERI’s Informal Settlement Action Research series titled, ‘Informal Settlements in South Africa: Norms, Practices and Agency’. It uses the experiences of two informal settlements to examine how local communities engage with formal community engagement channels. The paper introduces the experiences of citizens engaging in local democratic spaces in informal settlements followed by a discussion around the interaction between formal and informal engagement structures and mechanisms. It also assesses how residents engage with the state to assert their rights by examining the complexities of interactions and how politics is articulated in various arenas. The subsequent case study by Social Justice Coalition’s Dalli Weyers and Khadija Bawa aims to bring the shortcomings of government to the fore with regard to water and sanitation provision in informal settlements. The paper reflects on these shortcomings using SJC’s water and sanitation campaign work over past 10 years with a specific emphasis on its Safe and Clean Campaign and Janitorial Service. It provides insight on the history and emergence of the SJC and these campaigns; on local government’s response to these campaigns; and how these campaigns have evolved over time. SJC’s contribution is followed by a case study from the Community Organisation Resource Centre. Authored by Kwanda Lande and Yolande Hendler, the paper investigates the dynamics contributing to the destruction and disruption of two WaSH facilities in the Langrug informal settlement. It engages with the perceived breach of trust between public officials, non-profit organisations and community members. The paper commences by mapping the journey of the Langrug Upgrading Partnership, including its shortcomings. It then delves into the community dynamics that contributed to the challenges experienced including issues related to community ownership as well as power imbalances between community actors. The Paper finally focuses on trust building (mechanisms) in Langrug as well as the need to re-assess community representation. The papers focused on the informal settlement context are followed by two In Profile contributions each reflecting on a specific citizen engagement tool and context. The first is a paper by Luke Jordan and Mbalenhle Nkosi from Grassroot. The paper discusses the potential and shortfalls of technology as an enabler of meaningful citizen participation in local government decision- making. It analyses the limits of technology in the local government context, and through a reflection on the work of Grassroot, considers the impact that alternative approaches may have, and possible means to replicate or broaden that impact. The second contribution is from the Trust for Community Outreach and Education, authored by Boyce Tom. The paper provides insights on experiences of land access struggles by small-scale farmers in Theewaterskloof Local Municipality in the Overberg district of the Western Cape Province. It reflects on the years of organisational support provided to local small-scale farmers towards securing land-based livelihood strategies. SoLG 2018 concludes with a review of the work of the GGLN over the past 15 years, authored by Monique Damons from the GGLN Secretariat. The paper outlines the GGLN journey since 2003, highlighting in particular the value it has added to the work of its members. It indicates that, despite challenges experienced, the GGLN is a worthwhile and important endeavour in the current South African local governance and CSO contexts.

Perspectives from Civil Society on Local Governance in South Africa 9 FIVE SUGGESTIONS TO FIX LOCAL GOVERNMENT

Jaap de Visser - Dullah Omar Institute

The past few weeks have brought the troubled state of local government to the fore with renewed vigour. The Auditor-General’s (AG) consolidated report over the 2016/2017 financial year presented a very bleak picture of the local government financial management. The Minister of Cooperative Governance and Traditional Affairs (CoGTA), Dr Zweli Mkhize, presented a list of municipalities considered dysfunctional and in need of immediate intervention. In the weeks that followed, many analysts eagerly joined the chorus and filled social media pages with opinion pieces lambasting the poor state of local government. The AG’s assessment was so grim that a mere reproduction of the AG’s conclusions was enough to produce blistering opinion pieces. Very few appreciated the nuances in the AG’s assessment or analysed the longer term trends in audit outcomes (such as the decline of municipalities with the worst audit outcomes). Even fewer offered any suggestions on how to arrest the overall regression. institute for isandla : m langa P hoto

The new Minister of CoGTA clearly brings to the Minister Shiceka’s 2009 State of Local Government sector fresh energy and a considered approach. It is Report, CoGTA has excelled at presenting the too early to assess whether his approach will make a sorry state of affairs of the sector it regulates. The difference. To be honest, so far it does not sound very presentation of a list of ‘basket cases’ was also done different from previous ministers. Ever since the late by the then Minister of CoGTA, Gordhan, in 2014

10 Perspectives from Civil Society on Local Governance in South Africa when he pronounced that a third of municipalities are dysfunctional. CoGTA’s strategies to solve the The ‘political-administrative interface’, as it is euphemistically called, is problems are also not a radical break with the past. the Achilles Heel of local government. The consequences of this blurring It is a mix of deploying technical expertise in weak of the lines of accountability are disastrous. municipalities, closer monitoring, laced with subtle hints of restructuring in the name of financial viability. Simply put, it is about local politicians behaving as if These are the ingredients that local government they are administrators and about local administrators watchers have been getting used to over the past two behaving like they are councillors. The consequences decades. To be clear, these strategies, if implemented of this blurring of the lines of accountability are adequately, may very well help. At the same time, disastrous. Leaving the quality and calibre of local they have been part of ‘Project Consolidate’, ‘Siyenza administrators aside for one moment, it leads me to Manje’ the ‘Turnaround Strategy’, ‘Back to Basics’ and this central question about councillors: how many various other local government support programmes were attracted to local government because of the over last two decades. Perhaps it’s a case of doing prospect of using their influence to make positive the same thing but expecting different results. change, and how many were attracted mainly by the It is thus time to also discuss new ideas and, prospect of a good salary? The fact is that councillors given the fact that communities are rapidly losing are remunerated well, most certainly in comparison patience with municipal failures, there can be no holy with councillors in most other countries, where being cows. So let me present a few ideas that I think merit a councillor is most often an unpaid position. Full- further discussion. time councillors (i.e. mayors, members of mayoral The first suggestion is to start an honest committees, members of executive committees etc.) conversation about the incentive structure for earn very good salaries. At face value, this makes councillors. Councillors must provide political sense as the incumbents have tough and demanding leadership to municipalities and represent jobs. Part-time councillors are also remunerated communities. There is no doubt that councillors are reasonably well. For part-time councillors (who don’t essential to the success of the local government occupy any executive office) their remuneration system. I often hear the argument that local ranges from R 230 000 for the smallest municipalities government would be better off without politicians, i.e. to R 480 000 in the largest municipalities. For some by removing councillors. This suggestion is deeply of you, these may not sound as very large sums of problematic and ill-considered. Basic service delivery money. However, it must be seen in the context of and the distribution of local government resources is the assumption that these are part-time salaries, i.e. a fundamentally political exercise. It cannot be done remuneration over and above an existing income. The without local political representation. So councillors task of a public representative at local government will and should always remain at the helm of local level is hard. Councillors are often the target of government. However, there are too many councillors community anger for anything government fails with intentions that appear to have little to do with at. For many part-time councillors, their councillor developmental local government. The ‘political- allowance is in fact the only income. Let me be administrative interface’, as it is euphemistically clear: one cannot but wish financial wellbeing for called, is the Achilles Heel of local government. each and every councillor. However, that is not the

Perspectives from Civil Society on Local Governance in South Africa 11 developmental local government: dream deferred?

then assists the mayor. These councillors naturally The collective leadership model offers other advantages that we need now all belong to the same party or coalition as the more than ever. executive mayor. It is therefore a ‘winner-takes-it- all’ system: parties that don’t govern are not part point. The point is a different one, namely that the of the executive team. This executive mayor model substantial remuneration of councillors has added a was introduced in 2000. Before then, municipalities very sharp edge to the contestation over councillor were governed by inclusive executive committees, nomination. This is borne out by the often violent a collective leadership model in which ruling and contestation surrounding party nomination processes opposition parties worked together. The executive preceding local government elections. Evidence mayor model may have delivered visible leadership, presented to the Moerane Commission on the killing direct accountability and efficiency. However, it has of councillors in KwaZulu-Natal also bears testimony also delivered many executive mayors who are at to this. The SABC reported that “[e]vidence before odds with their caucus, retreat into the municipal the Commission has been that some people see administration and remain disconnected with their being a councillor as a means to gaining income base. The collective leadership model offers other and will want to stay in the position at all cost” (@ advantages that we need now more than ever. Let SABCNewsOnline 26 February 2018). The substantial me mention two. First, the collective leadership remuneration also fortifies party discipline: falling out model fosters collaboration ‘across the aisle’. Political with the party is about more than an ideological rift: it groups that find themselves in opposing camps means to risk losing a very precious income. We must because of ideological (often nationally oriented) not ask whether councillors should be remunerated reasons are brought together to work in the interest more or less. We should rather ask whether the of service delivery. Secondly, the collective executive current remuneration scheme indeed attracts the right leadership means that there is more than one party calibre of community activists into local government. I and even more than a coalition of parties that has am not convinced that it does. direct insight into the municipality’s executive affairs. The second suggestion is to revisit the way The opposition is included in the executive and there executive leadership is structured in municipalities. are thus ‘more eyes on the till’. This is something that We must revisit the executive mayor model. The will assist in the fight against graft. In my view, there majority of municipalities are headed by executive is a need to revisit the ‘winner-takes-it-all’ model of mayors, who are elected by their councils. Once executive governance in municipalities. elected, the executive mayor handpicks a number The third, fourth and fifth suggestions are of councillors to form a mayoral committee, which for national and provincial governments because municipalities are certainly not the only ones to blame

Municipalities are certainly not the only ones to blame for the parlous for the parlous state of local government. One critical state of local government. Municipalities are very often at the receiving area is the lack of policy coherence in and between end of incoherent laws, policies and funding streams. This is a result national and provincial governments. Municipalities of national and provincial departments fighting for turf, or simply not are very often at the receiving end of incoherent coordinating with one another. laws, policies and funding streams. This is a result of national and provincial departments fighting for turf,

12 or simply not coordinating with one another. One such example is the contestation between the National A fourth suggestion is for national and provincial government to Treasury and the CoGTA over the prerogative to implement the constitutional provisions on intervention into failing regulate local government administration. This municipalities more robustly. contestation is as old as the local government dispensation. While the two departments try hard to boldly of the need to empower cities with greater coordinate their supervision of local government, the authority over housing. In doing so, it echoes the tension is palpable throughout the local government National Development Plan. However, the Department system. What is more, the two departments of Human Settlements will have none of it. It issued sometimes end up sandwiching municipalities with a moratorium on the accreditation of cities for competing laws and initiatives. In 2007, for example, housing. Municipalities, cities in particular, are not the National Treasury issued minimum competences sure where to turn to or where the centre of power and qualifications for senior local government on this issue is. The third suggestion, therefore is officials. Inspired (or irked) by National Treasury’s for Cabinet to adopt a mechanism for much more initiative, CoGTA proclaimed its own minimum effective coordination of laws and policies on local competences and qualifications in 2014, largely government. covering the same senior local government officials. A fourth suggestion is for national and provincial At the receiving end of these two overlapping laws government to implement the constitutional are municipalities. They have no choice but to comply provisions on intervention into failing municipalities with both and to try to make sense of this awkward more robustly. The Constitution anticipates that overlap. municipalities may fail in delivering basic services, When it comes to laws on disciplining officials, passing a budget, paying creditors or governing things don’t look any better. In 2000, CoGTA itself in line with basic standards. It provides for legislated a Code of Conduct for municipal officials. a comprehensive set of powers for provinces to In 2011, this was complemented with detailed intervene in a municipality when that happens. In fact, regulations covering procedures to investigate and the Constitution makes it compulsory for provinces discipline senior municipal officials. In 2014, the to intervene if a municipality fails to pass a budget in National Treasury, perhaps dissatisfied with CoGTA’s time or is in clear financial crisis. Provinces (except regulations, doubled up with its own regulations on KwaZulu-Natal, which intervenes more readily) use how to investigate and discipline senior municipal interventions very sparingly. They certainly don’t officials. The two sets of laws have a different intervene every time they are compelled to by the emphasis but essentially deal with the same issue Constitution. If they do intervene, they often do so and target the same officials. It’s not easy being a too late, at a time when the municipality is already municipal manager and having to choose what to on its knees and the road to recovery is long, painful apply when. and uncertain. National government is not off the At a broader policy level, there are contradictions hook here either. If provinces do not intervene when too. The Integrated Urban Development Framework, they ought to, the Constitution instructs national arguably one of the most robust and consequential government to intervene instead of the province. policy initiatives undertaken by CoGTA of late, speaks Again, it doesn’t leave national government a choice.

Perspectives from Civil Society on Local Governance in South Africa 13 developmental local government: dream deferred?

fifteen years. Another example is the electricity The point is that government must consider the impact that raising restructuring debate. For at least a decade, institutional reform questions has on those very institutions that are the government’s clearly stated intention was to remove subject of the debate. the electricity function from municipalities. A bill was passed and institutions created to make this However, this provision has never been used. Yet, happen, until eventually the idea was abandoned. there have been many cases of municipalities The point of these examples is not to debate their collapsing spectacularly, leaving communities bearing merits or demerits. For each of them, there are the brunt of all-out service delivery failures. There is arguments in favour and against. The point is that a further pernicious consequence of the inadequate government must consider the impact that raising oversight by national and provincial governments. institutional reform questions has on those very Bulk service providers simply pull the plug on an institutions that are the subject of the debate. For errant municipality and thereby punish the entire example, it is no secret that during the years that municipality, including all its residents, business national government was mulling over the electricity and industries. In the absence of provincial and question, many municipalities stopped investing in national governments putting municipalities under electricity infrastructure. Why invest in a function that the ‘business rescue’ envisaged by the Constitution, will be taken away from you, right? Similarly, how providers of bulk services to the municipality (such as good is it for the institutional resilience of a district ESKOM and the Department of Water Affairs) have municipality when its abolition is on the agenda for started reducing or disconnecting services. Therefore, more than ten years? It is suggested that national instead of the errant municipality’s senior leadership government should be intentional, clear and decisive losing authority, all residents (including those who about structural reforms. The abolition, restructuring paid for their services) suffer service cuts. This is not or disempowering of institutions may be a wise policy what the Constitution intended when it provided for option in given circumstances. However, they should a robust intervention regime to protect communities not be made to hang endlessly above institutions as from municipal failures. the proverbial Sword of Damocles. The fifth suggestion is for national government The above five suggestions are by no means to be more careful in managing its local government a silver bullet that will miraculously solve local reform agenda. The argument here is that perennial government’s problems. However, it is hoped that restructuring debates are not good for local they represent a fresh look at some of the problems government. Take, for example, the debate about besetting municipalities. Communities across South provinces. For as long as we have had provinces, we Africa are signalling that patience is running out. have been discussing whether or not to abolish them. Governance in municipalities must improve. At the The same applies to district municipalities, same time, the inter-governmental system on which who have been on the chopping block for the past municipalities depend, must improve.

14 CAPE TOWN CIVIC ORGANISATIONS - IN SEARCH OF MEANINGFUL PARTICIPATION

Ryan Fester - Development Action Group

The South African White Paper on Local Government (1998) enshrines the principles of participation and democracy as a means to involve communities and civic organisations in the matters of local government. Since the inception of the White Paper in 1998, communities and organisations emerged as partners with local government in influencing policy and meeting key development objectives.

As part of its work with local communities, the and are mere ‘tick-box’ exercises done in order Development Action Group (DAG) conducted a to meet legislative requirements. The perception city-wide review of developments which were from civic organisations is that local government being contested by civic organisations (community imposes but does not engage, resulting in people’s representative groups) in Cape Town. The heritage, livelihoods and natural environment being review highlighted that civic organisations were undermined. unable to influence development processes and This In Profile submission provides a local government policies through traditional brief overview of the difficulties citizens and participatory mechanisms. Current methods of public civic organisations have in influencing participatory participation are accused of lacking transparency processes, the common tactics used to hold and accountability on behalf of local government, government to account, and how civic

Perspectives from Civil Society on Local Governance in South Africa 15 developmental local government: dream deferred?

organisations are attempting to frame a new model of larger development projects in Cape Town, citizens participation. were asked to vote between two development scenarios for a 300ha land parcel outside the The right to participate, is inner city. The two scenarios lacked important not a right to influence information related to building heights, building A city-wide review of participatory processes in typologies, building footprints, and new road Cape Town highlighted that citizens are required networks. This resulted in participants being to participate, but this does not mean they can unsure on what this meant for the future of the land influence decision-making. The review included 25 parcel, and on the type of decision that needs to be cases in which civic organisations were contesting made. developments across the city, from the Atlantic Technocracy and exclusion Seaboard to the Cape Flats. Three factors limited the influence of citizens in participatory processes: Many citizens found it difficult to engage participatory processes due to the technical nature of the reports, A tick-box exercise and language used by facilitators. This situation was particularly true with regard to environmental impact Citizens feel that public participation is a ‘tick-box assessments (EIA) where participants needed to exercise’ for local government to tick legal boxes in comment on scoping reports which were often filled the approval of development applications. The idea with engineering jargon and scientific data. Due behind a ‘tick-box exercise’ is that a decision has to this technocracy, many citizens were excluded, been pre-made before participation takes place, especially in neighbourhoods where education and and that the process is only done for government to employment levels were low. remain compliant with legislation. In addition, civic The three aforementioned factors limit the organisations also reflected that meetings were ability of citizens to influence decision-making in poorly attended by community members due to poor participatory processes. In addition, these processes advertising – this often meant that developments exclude many important voices who feel they do could be approved in spite of poor community not have the expertise or capacity to participate. representation at meetings. Secondly, ‘participation fatigue’ tends to settle in, as Lack of information participants begin to feel their participation will not change the outcome of the decision. Citizens shared their frustration on the limited information made available before and during a The right to hold participatory process. For example, in one of the government to account In light of this frustration, many civic organisations Many civic organisations have resorted to using a range of strategies and have resorted to using a range of strategies and tactics to hold government to account, and influence decision-making. tactics to hold government to account, and influence These strategies and tactics include objection, litigation, and mobilising or decision-making. These strategies and tactics public awareness. include objection, litigation, and mobilising or public awareness.

16 Objections through submissions Participatory processes are often characterised In light of the limitations in influencing decision-making, and the limited by a series of meetings with interested or affected success of tactics, civic organisations are forming coalitions with the parties. There is also a space for citizens to engage aim of redefining the shape and form of public participation to ensure with the process by providing written submissions that processes are inclusive, and people are placed at the centre of stating their concerns and their objections to the development. development. Objections through written submissions is one of the primary strategies used by citizens and one another the chances of success are greater’. civic organisations, however, it is also becoming The Princess Vlei Shopping Mall development is increasingly unpopular and is considered by civic one example where heightened public awareness groups to be ineffective and a ‘waste of time’. For had a greater impact on decision-making. Through example, a proposed development in Bo-Kaap in collective efforts between local communities, the inner city of Cape Town was open for public scientists, environmentalists, academia, and NGOs, submissions. Over 1000 objections were made the group managed to halt the development of the by the public, however the development was still shopping mall on a land parcel which had both approved. Experiences like these have left many heritage and spiritual significance. While reasons civic organisations and citizens feeling that public for halting the shopping mall development is multi- participation is a pointless exercise. faceted, mobilisation and public awareness played an

Litigation important role in the final decision. Litigation is a popular tactic used by civic Framing the principles of organisations in higher-income neighbourhoods. A good participation resident from a more affluent suburb in Cape Town mentioned that the ‘only way to stop the City is to In light of the limitations in influencing decision- take them to court’. While litigation is commonly making, and the limited success of tactics, civic used, it has largely been unsuccessful with civic organisations are forming coalitions with the aim of groups losing large sums of money in the process. redefining the shape and form of public participation Civic organisations who have taken local government to ensure that processes are inclusive, and people to court often complained that ‘dirty tactics’ were are placed at the centre of development. DAG, in used by the City. One of these tactics included the partnership with a group of six civic organisations, unnecessary prolonging of legal procedures by embarked on a process to define the principles of the City in order to ‘wear civics organisations out’ good public participation. In 2017, the Civic Action resulting in a loss of money. for Public Participation (CAPP) was formed out of a collective dissatisfaction with participatory processes Mobilising and raising awareness which they felt were ‘problematic, unproductive, Of all the tactics used by civic groups, mobilising and and tokenist engagements’ leading to a loss of trust raising awareness appeared to be more effective. At in public participation. The loss of trust described a DAG event in 2017, a participant mentioned that by CAPP can be attributed to the three reasons ‘when civic [groups] engage and collaborate with mentioned under the ability of citizens to influence

Perspectives from Civil Society on Local Governance in South Africa 17 developmental local government: dream deferred?

and that adequate budgets should be made available There is a genuine consensus from civic organisations in Cape Town that to ensure public participation is effective. In 2018, current participatory processes are ineffective in influencing decisions that CAPP intends on using the manifesto principles as a ultimately affect the local community. tool to develop a citizen-led bylaw as a tool to lobby local government to focus on participation reform. decision-making – participation as a tick-box exercise, Conclusion lack of information, technocracy and exclusion. As a means to frame a new form of participation, There is a genuine consensus from civic the civic-led initiative hosted a series of workshops organisations in Cape Town that current participatory in 2016 to co-create a manifesto for public processes are ineffective in influencing decisions participation which will govern engagements that ultimately affect the local community. The White between local government and the community. Paper on Local Government (1998) positioned The manifesto lays out ‘principles of participation’ local communities as partners, but current trends that include transparency, information, inclusivity highlight the ‘loss of faith’ in participatory processes, and accountability, and that aim to address the which were intended to strengthen this partnership. issue of ‘problematic, unproductive and tokenist While it may not necessarily be the intention of engagements’. In addition, the manifesto also local government to exclude local communities from includes a set of mechanisms which would ensure participatory processes, the traditional participatory that public participation is successful. One of these mechanisms which are currently in place, limit the mechanisms focused on ‘capacity-building’ whereby ability of citizens to influence decisions which affect CAPP believes that in order for citizens to effectively them. As citizens and civic organisations have been participate in a process, their capacity should be built engaging with each other on the meaning of ‘good on the subject matter (for example municipal budgets, participation’, the driving vision is that participatory development applications, EIA etc.). CAPP also processes should be inclusive and place people at believes that conflict of interest should be minimised, the centre.

18 DO WARD COMMITTEES ASSIST MUNICIPALITIES TO ACHIEVE DEVELOPMENTAL GOALS? A CASE STUDY OF BUFFALO CITY METROPOLITAN MUNICIPALITY

Nontando Ngamlana and Sikhander Coopoo - Afesis-corplan

A number of organisations have written about the effectiveness of ward committees as conduits for inclusive participation in local governance, arguing that ward committees are not as effective as they could be (McComas 2001; Collingwood & Reedy, 2012; Nabatchi and Amsler, 2014; Freedom House SA, 2017). These scholars, including ourselves, have largely focused on one function of ward committees, that of facilitating inclusive participation in local governance, particularly in decision-making. We argue that, in its design, a big role was crafted for ward committees that went far beyond its primary role of facilitating participatory decision-making, and that it is possible that while ward committees have dismally failed in this primary role, they may have done well in the other functional areas that are discussed below.

This year marks the 20th anniversary of South life for all. Through the years, achievements have Africa’s vision for local government. The White Paper been made towards improving municipal service on Local Government is regarded as a landmark delivery and governance, however, much still needs policy, the purpose of which was to create a new to be done to achieve the vision of a better life for vision for local government thereby rectifying all (CoGTA, 2016). Implied in the vision for local apartheid inequities. Within this broad developmental government is the notion of inclusivity, shown vision, local government is tasked with an ambitious through the design of local government which developmental objective of helping to create a better includes the administrative arm, the political arm and

Perspectives from Civil Society on Local Governance in South Africa 19 developmental local government: dream deferred?

communities (Sections 1 and 2b, Municipal Systems committee system. Many have argued however, that Act 2000). there are other functional areas of ward committees Ward committees are a legislated participatory that are less explored in research and that perhaps mechanism established to facilitate inclusivity of the ward committee may be performing well in these community groups and community structures in local (Mkwanazi, 2013, Bendle and Holland, 2015, Mbhele, governance. Furthermore, the intent and purpose 2017). This paper focuses on the performance of with ward committees was for government to harness ward committees in these other suggested areas with capacities and innovative ideas from citizens in local intent to engage these views. governance and to ensure that service delivery was This paper builds on the work that Afesis-corplan targeted, addressing people’s needs and aspirations. has done in the past (Ngamalana 2016, Ngamlana This paper seeks to assess the effectiveness of and Mathoho 2013, Ngamlana 2007). Afesis- ward committees in its other functional areas. These corplan has largely focused on the primary role of areas include the following: initiating projects to ward committees in its research (that of facilitating improve the lives of people in the ward; supporting the inclusive participation of citizens in local governance) councillor in dispute resolution; providing information and did not look at other functional areas that are about municipal projects and municipal operations to slightly outside of this primary mandate, i.e. to initiate the ward community; monitoring the performance of projects to improve the lives of people in the ward. In the municipality; and initiating and driving community this paper, Afesis-corplan will not be looking at ward awareness campaigns (DPLG, 2005)1. committee effectiveness in the areas already written In this research, Afesis-corplan seeks to test about, but rather will draw from this past work. the following hypothesis: research has shown that ward committees have failed to facilitate inclusive Contextual background citizen participation, however, it could be that they are performing well in the other areas of responsibility, South Africa has a legislative and policy framework thereby contributing to the broad developmental goals that entrenches participatory democracy in local of local government. governance. This framework includes, amongst This research uses Buffalo City Metropolitan others, the Constitution of the Republic of South Municipality (BCMM) as a case study in investigating Africa (108 of 1996), the Municipal Structures Act the extent to which ward committees contribute to (117 of 1998), the Municipal Systems Act (32 of the attainment of the developmental goals of local 2000) and the Municipal Finance Management Act government. The relevance of this paper lies in that (56 of 2003). It is our view that even though there it offers input into present policy discussions around are numerous instances where implementation lags inclusive local governance2 with some (including behind the ideals of legislation and policy, never Afesis-corplan) arguing for the reform of the ward before has law, policy-making and development practice been as democratic and participatory as In addition to representing community interests within the council, it is presently (Patel, 2012; Habib, 2014; Freedom municipal councillors aim to promote the involvement of citizens and House, 2017). The White Paper on Local Government community groups in the design and delivery of municipal programmes. (1998) defined the vision and aspirations for local governance in the country and prescribed that

20 local governance should be participatory in nature, go deeper than representative democracy and be It is crucial to note that the White Paper recognises that communities developmental. are not homogenous: ‘municipalities need to be aware of divisions within Local government is regarded as the sphere of local communities, and seek to promote the participation of marginalised government within which citizens experience this and excluded groups in community processes’ developmental nature of government as the sphere that is ‘closest to the people’. According to the White can support poverty reduction at community level, Paper, developmental local government means a the White Paper suggests that municipalities ‘could local government committed to ‘work with citizens and assist with the provision of support services, such as groups within the community to find sustainable ways training to small business or community development to meet their social, economic and material needs and organisations’. improve the quality of their lives’. Local government It is crucial to note that the White Paper should target especially marginalised members recognises that communities are not homogenous: and groups within communities, such as women, ‘municipalities need to be aware of divisions disabled people and the poorest of the poor. It is also within local communities, and seek to promote the important to note here the impact local government participation of marginalised and excluded groups has made with regards to gender equality and equity, in community processes’. It points out the particular environmental sustainability, poverty eradication barriers to equal participation encountered by and to further the principles of democracy (Freedom women and calls for municipalities to ‘adopt inclusive House, 2017; Report of the High Level Panel on the approaches to fostering community participation, Assessment of Key Legislation and the Acceleration including strategies aimed at removing obstacles of Fundamental Change, 2017), to, and actively encouraging, the participation of Municipal councils play a central role marginalised groups in the local community’. At in promoting local democracy. In addition to the same time, it cautions against participatory representing community interests within the processes becoming obstacles to development, and council, municipal councillors aim to promote the of the danger of narrow interest groups ‘capturing’ involvement of citizens and community groups in development processes. It states that it is important the design and delivery of municipal programmes. for municipalities to find ways of structuring The White Paper says that the dominant mode of participation which enhance, rather than impede, the interaction between local government and citizens delivery process. in the past was control and regulation and as part Ward committees were introduced in 2001 as of developmental local government, it suggests the primary mechanism for community participation that regulation be supplemented by ‘leadership, in municipalities. Municipalities are divided into encouragement, practical support and resources for ward boundaries with each ward having a directly community action’. It further notes that ‘municipalities elected ward councillor and a ward committee of can do a lot to support individual and community no more than ten members. Since ward committees initiatives and to direct community energies into supposedly have the knowledge and understanding projects and programmes which benefit the area as of the communities they serve, it is assumed that a whole’. As an example of how local government they make it possible to narrow the gap between the

Perspectives from Civil Society on Local Governance in South Africa 21 developmental local government: dream deferred?

local municipality and its communities. According to per year in 2011, which is relatively lower than the Ngamlana and Mathoho (2013), ward committees other South African metros. Buffalo City’s economy were conceived as an institutional mechanism that is growing, but unemployment and cost of living would contribute towards bringing about people- remain high. The cost of living (which is based centred, participatory and democratic governance. on a bundle of staple goods) was R78.80 in 2008 These committees were meant to support the elected and rose to R110.20 in 2014. This same bundle of ward councillor in creating a bridge between ward goods in 2014, was R107.80 in Johannesburg and communities and the political and administrative R109.40 in Cape Town; thereby indicating a higher structures of a municipality. cost of living in Buffalo City (SACN, 2016). In 2011, As noted above, a number of research reports Buffalo City’s unemployment rate at 34.8% measured (Ngamlana, 2007; Ngamlana & Mathoho in GGLN lower than the Eastern Cape’s unemployment rate 2012; Skenjana & Kimemia, 2011; Kambala et of 37.4%. The main economic sectors in BCMM al., 2012) narrate in detail the failure of ward are community services, finance, manufacturing, committees to meet the ideal of an inclusive local trade, and transport. The area has a well-developed government. This paper argues however that there manufacturing base, with the auto industry playing a are other functions of ward committees for which major role. The Eastern Cape had a total population the performance of ward committees is yet to be of 6.9 million people in 2015 (BCM, 2017; SACN, assessed. The paper focuses then on the role of 2016; Stats SA, 2016). ward committees in these other functional areas, as Buffalo City Metropolitan Municipality developed well as their contribution towards attainment of the a long-term vision in 2015 of being ‘well-governed, developmental vision of a municipality, by drawing connected, green and innovative’. The city re- on the experiences of Buffalo City Metropolitan invented itself from a divided and fragmented past Municipality and its ward committees. and through its vision, is placing itself on a path to being a successful, prosperous and dynamic modern A brief profile of Buffalo city that is enterprising, green, connected, spatially- City Metropolitan integrated and well-governed. In 2016, BCMM Municipality adopted its Metro Growth and Development Strategy Named after the Buffalo River, Buffalo City is one (MGDS) which is the city’s fifteen-year economic of two relatively new metropolitan municipalities in trajectory towards vision 2030. Furthermore, the South Africa; it is situated on the Eastern Cape’s east municipality committed to developing its integrated coast covering an area of about 2,536km2 (SACN, development plan (IDP) in alignment with its long- 2016) and comprises the following smaller cities: term vision. East London, Mdantsane, King William’s Town and For BCMM, the goal of public participation is to Bhisho. The municipality’s population was 755,200 in assist it in the realisation of its long-term vision and 2011 and 848,000 in 2016, with a population density its strategic goals (BCMM, 2016). The 2016 local of 298 people per km2, which is the second lowest government elections ushered in a new political in the country after Mangaung. Its population has leadership in BCMM along with new ward committee grown more slowly than other South African cities. members; the municipality established its current The average household income was at R103,204 ward committees in 2017 in all its 50 wards. The

22 strategic intent with the establishment of these ward facilitating public participation were interviewed. committees was to ensure that the municipality was The reason for selecting these people is that they inclusive in its approach to local governance, and had a deeper understanding of the stakeholders accessible and responsive to its citizens (BCMM, that were involved in the visioning process and 2017). the reasons for the inclusion of such stakeholders. As noted above, ward committees have a The same sampling technique was used to select legislated mandate of ensuring the inclusion of non-governmental organisations (NGOs) to be communities in municipal governance, and this interviewed. These organisations were drawn from includes ensuring that communities participate in the the integrated development planning stakeholder development of a vision for the municipality they are forum of the municipality. The reason for drawing part of, as well as the implementation of activities only organisations that were on this particular list is that would contribute to the attainment of that vision. because the municipality uses this list as a master Ordinarily, people who have been involved in the list from which it invites stakeholders to participate development of a vision become keen to participate in the IDP and other municipal processes. Only 10% in the implementation of activities aimed towards of NGOs on this list were interviewed. Every tenth the attainment of that vision, as they become the organisation, in order of appearance on the list, custodians and co-owners of the vision (UNESCO, was selected until the 10% mark was reached. This 2011; Nyaxo, 2015; Condie, 2015; Herman, 2016). method ensured relative randomness to the selection. Included in the make-up of municipalities are Furthermore, a stratified random sampling communities (Sections 1 and 2b, Municipal Systems technique was used in selecting ward committees to Act, 2000), and a vision of a municipality therefore be interviewed. Twenty percent of ward committees is also (at least should be) the vision of communities in Buffalo City were interviewed from wards that within that municipal jurisdiction. Through this are relatively closest to the city (Wards 1, 2, 3, 4, research we will gain an understanding of the extent 5, 9, 10, 15, 16, 18 and 19). This choice was made to which ward committees had been involved in the intentionally because in previous studies around development of the vision for the municipality. If it so public participation in BCMM, the municipality happens that committees have not been as involved lamented their lack of resources for facilitating public in the visioning process, it would be unrealistic to participation. It was assumed in this study that if the expect that ward committees would lead the charge municipality wanted to involve ward committees in the for mobilising communities to participate in the visioning process, even if it had limited resources, it implementation of strategies aimed at the attainment would at least reach out to those that were closest to of the municipal vision. the municipal offices. A questionnaire was designed to guide the Research methodology interview and was administered by Afesis-corplan staff. Responses collated were analysed and a report A stratified sampling technique was used to identify produced. Secondary data was used to verify some of key strategic people to interview. Municipal officials the information collected during the primary interviews who had directly been involved with the development and an analysis of the legislative framework and of of the municipal vision and those responsible for policies regulating public participation in BCMM was

Perspectives from Civil Society on Local Governance in South Africa 23 developmental local government: dream deferred?

done. The views emerging from the interview process why ward committees were not included as one of the are summarised below. The key questions that the key participants in the visioning process, the officials study was pondering were: noted a number of issues: a. To what extent were ward committees involved a. That ward committees were represented by in the development of the long-term vision of the ward councillors who also have a mandate of municipality? ensuring community representation and since b. What role do ward committees play in the ward councillors chair ward committee meetings, implementation of strategies aimed at the they did not deem it necessary to involve ward attainment of the municipality’s vision? committees; c. What other initiatives are ward committees and/ b. The low levels of literacy among ward committee or the municipality doing, over and above the members would have limited these people from legislated ones, to strengthen the role of ward participating meaningfully in the process as it was committees in the implementation of the vision of a rather technical process; the municipality? c. They were not as convinced that ward committees As mentioned above, the broad aim of the study was would add much value in the strategic thinking to assess the extent to which ward committees are process that was necessary in the development succeeding in performing other mandatory functional of the long-term vision, the experience of these responsibilities other than that of facilitating public officials is that ward committees tend to politicise participation in municipal planning. Using BCMM meetings and prioritise either their personal as a case study, the study will shine a spotlight on interests or those of their wards above the greater the efficacy of ward committees as a mechanism for good of the municipality and this would have held inclusive local governance. the strategic thinking process back; and d. The resources available to the officials during the The role of ward committees in the strategy development process were not enough development of the long- to facilitate travel support for ward committee term vision members.

Municipal officials noted that in the development A majority of ward committee members interviewed of the BCMM Vision 2030, ward committees were were not aware that the municipality had a long- not directly involved as key stakeholders in the term vision and were not even aware of what that process, but instead they were represented by vision is. A majority of the members did not see a ward councillors. The visioning process, which direct linkage between their role and the attainment commenced in 2014, saw the municipality facilitate of the municipality’s vision; they believed that the a number of meetings and consultative processes municipality had skilled officials whose jobs were and ward committees were never invited to any of to do things that must lead to the attainment of the these. Local business, NGOs, representatives from vision. When asked if they understood that they had higher education, government sector departments, an integral role to play in ensuring that the energy labour and civic leaders are the stakeholders that the and resources within their communities was mobilised municipality invited to these meetings. When asked and rallied towards the attainment of the vision, they

24 did not understand how. An overwhelming majority parties. They have lost their credibility as of ward committee members interviewed confessed development oriented structures. It is foolhardy that they had not been in any ward meeting where for the municipality to continue to work through the municipality’s vision was discussed or made these structures to mobilise community views and reference to. Of greater concern were comments by participation in development processes. If you some ward committee members, who claimed that ask me, the municipality needs to think outside their respective communities had their own vision of the ward committee in mobilizing community which was not necessarily in line with that of the participation in development. People want to municipality. A respondent said: ‘Attaining the vision participate and to contribute, they just don’t is a ground activity. How can we then be expected to want to be dragged into dirty politics and any run with a vision that we were not part of crafting?’ involvement with the ward committee or through Another respondent said: ‘I understand that we are it would probably result in that dragging of the foot soldiers, but at the same time we need to be community members through the mud. aware of what is expected of us in attaining the vision. The majority of organisations interviewed believed Being part of writing the vision would have given us that ward committees were ineffective and that the heart to run with. We would have owned it’. including them in the strategic visioning exercise The majority of the NGOs sampled and would have been a waste of time. interviewed were not involved in the strategic Summary visioning process of the municipality but indicated that they may have been invited as they receive regular It is clear from the responses of the respondents invites to attend consultative processes organised by summarised above that ward committees were not the municipality. All NGOs interviewed stated that they involved in the municipality’s visioning process. would support activities aimed at the implementation Notwithstanding the reasons shared by the municipal of the municipality’s vision. The majority of the officials, there is an issue of great concern in the organisations interviewed believed that in not responses of the three groups that has to do with involving the broader municipal community, including the conceptual understanding of the role of ward ward committees, in the strategy development committees. The role of ward committees in BCMM process, the municipality had missed an opportunity is limited to that of assisting ward councillors to unify its entire community towards a common with community participation in IDP and budget goal. Some advised that the municipality needed to processes and does not go deep enough to cover be strategic in its attempt to mobilise its citizens and the mobilisation of resources and harnessing of think outside ward committees in doing so, as they agency and energy within communities towards the believed that ward committees had lost their ability to realisation of the municipality’s vision. If facilitating rally communities toward a common agenda. One of public participation in local governance (excluding the respondents stated: municipal visioning) is the primary goal of ward Gone are the days when ward committees have committees, and all the other functions of ward any meaningful influence in ward communities committees (those noted in the other sections of this because they have been mired in the political paper) are excluded, then municipal officials, NGOs factional battles and leadership battles in these and ward committee members of BCMM view the role

Perspectives from Civil Society on Local Governance in South Africa 25 developmental local government: dream deferred?

of ward committees as having a very narrow scope. An overwhelming majority of ward committee In this manner, ward committees cannot contribute members interviewed believed that they play no meaningfully to the vision of developmental local significant role in monitoring the performance of the government as envisaged by the White Paper and municipality in the manner envisaged in legislation. will certainly not contribute meaningfully towards the The members argued that the municipality does not realisation of BCMM’s long-term vision. give them the space to do so, and that they do not influence decisions in council in any meaningful The role of ward manner and thus could not claim to monitor the committees in the implementation of the municipality’s vision in a implementation of the manner that strengthens implementation. Some of long-term vision the ward committee members argued that the lack of Development specialists argue that inclusive and meaningful opportunities to inform the municipality participatory implementation and monitoring of of the state of service delivery in their wards leads development initiatives is critical in ensuring a communities to view ward committees as useless and lasting impact and to build resilient societies (UNDP, resort to protests. Some argued that they did not have 2015). One of the mandates of ward committees regular meetings with their ward councillors as they is to ensure community participation in monitoring are supposed to and even when they do have those the performance of the municipality. The extent to meetings, they are not of a developmental nature, but which ward committees participate in monitoring the are rather reactive engagements aimed at putting out municipality’s performance in the implementation of whatever fires are there. Others claimed that their its long-term strategic goal was investigated, along meetings with their ward councillors tend to divert with its role in initiating ward-based projects that towards discussing political issues. contribute to the implementation of the vision. When asked if they discussed the long-term The majority of municipal officials interviewed vision of the municipality in any of their meetings and indicated that in their meetings, ward committees strategise on what they would do as a committee do discuss development projects taking place within within their term of office to contribute towards its their wards and these projects are aligned to the implementation, all of the ward committee members long-term vision of the municipality from which the said they had not been part of such sessions. It IDP is derived. Some officials indicated that ward is worth noting that two ward committee members councillors engage ward committees regularly on key from wards that are based in affluent parts of city development initiatives within the municipality, and said that they, as a committee, analyse the plans concerns and comments that ward committees raise and reports of the municipality and in their meetings with regards to these development initiatives are request that their councillor accounts for the things taken back to council by the ward councillors. It did that the municipality had said it would do. Where the not appear from the interviews with municipal officials councillor is unable to give a detailed response to that there was any other mechanism in place within their questions, he invites municipal officials to give the municipality to facilitate the broader participation more clarity on the questions raised. The councillors of ward committees and others in the implementation said this was the manner in which they participate and monitoring of the long-term vision. in monitoring the performance of the municipality at

26 least on those things it has promised to do in their performance of ward committees is constrained by ward. limitations in committees’ levels of education, skills All the non-governmental organisations and expertise and ward committees are therefore interviewed indicated that they were not involved unable to play this meaningful role. A Skills Audit in monitoring the performance of the municipality Report on BCMM Ward Committees (2018) revealed in relation to its long-term strategy and they did not that more than half of ward committee members had believe that ward committees were involved either. no matric qualification. From the views of both ward committees and municipal officials which are collated Summary by the Skills Audit Report, it can be concluded that the It is clear from the responses summarised above low qualification levels of ward committees hamper that ward committees are not involved in supporting them from participating meaningfully in technical the implementation of the vision of the municipality municipal planning processes. Notwithstanding that and neither do they monitor the performance of the municipality never intentionally crafted a role the municipality in its implementation of the same. for ward committees to play in its strategic planning Again, the role of the ward committee is viewed in a processes, ward committees also did not claim the limited ‘inside the box’ manner, i.e. only as a one- space to participate so that they could fulfil their way information-sharing tool. It is interesting that the mandate. It is our view that it is possible for technical ward committee members from the affluent area go concepts to be simplified if participation of people over and above and collect technical reports from with low literacy levels is essential in a planning the municipality ahead of their meetings such that process. Surely, one does not need formal education they can hold their councillor to account. Obviously, to participate in a visioning exercise? to do this would require some resources (travel From the non-government organisations or access to a printing facility maybe), and some interviewed, it would appear as though ward may argue that this is partly what the stipend could committees had lost their legitimacy in communities contribute towards. The two said ward committee as a space for community voice and deliberation, members seemed to have a greater understanding which implies therefore that the involvement of and appreciation of their role than the rest and ward committees in the municipal strategic planning considering that they had all undergone the same process would not have guaranteed or translated into SALGA-facilitated induction training, it would appear a greater involvement of communities in any case. as though there is something else in the attitude, Communities in urban cities tend to find alternative literacy and willingness to do the job that exists in ways of engaging outside of the ward committee, some ward committees – this research shows that such as social media platforms, comments on the this is rare and far between. municipal website, petitions, etc. Interestingly, the Generally, it is clear from the views expressed municipality does engage with these groups through by the municipal officials and NGO leaders that these alternative platforms, and examples include ward committees in Buffalo City do not demonstrate the platforms created and used by the rate payers any meaningful role in assisting the municipality to associations, local area-based civic associations, achieve its strategic goals. Municipal officials argue community safety forums, etc. These alternative that the functionality, effectiveness, efficiency and spaces appear to be much more effective in wielding

Perspectives from Civil Society on Local Governance in South Africa 27 developmental local government: dream deferred?

influence in local decision-making than the ward fail to involve ward committees in their visioning committee as a space for deliberation and voice. processes thereby rendering the ward committee system ineffective. CONCLUSION It cannot be said any louder: ward committees have failed to deliver on the mandate for which they It is clear that the ward committee system, as it were established. In previous articles, Afesis-corplan stands, is ineffective in delivering on the mandate had discussed how the conceptual and operational for which it was established, at least in Buffalo City design of ward committees was problematic, and Metropolitan Municipality. It can be argued that this paper has not discussed this much, but rather what Buffalo City is able to achieve in supporting sought to plug a gap in research which in the end, its ward committees to function better (financially supports the broader message of Afesis-corplan and and through other resources), none of the other that of its partners with respect to ward committees. smaller, predominantly rural and geographically An alternative mechanism for ensuring developmental vast municipalities in the Eastern Cape would easily local governance is necessary, the kind of local match. Therefore, if ward committees in BCMM – with governance that will deliver a better life for all. In the all the support they receive and the benefit of shorter context where citizens are increasingly expressing distances to travel between ward communities, their frustration through violent protests across the municipal administrative and council offices country, this conversation is much more urgent. compared to other municipalities – are ineffective It is also clear from the protests that citizens are in influencing municipal strategic planning and looking for ways of engaging that encompass both participatory implementation, committees are unlikely institutionalised and organic forms of engaging. to be effective in achieving the same in those other While government can take the lead in facilitating municipalities. this conversation, it is our view that government We argue therefore, that there are many more alone cannot build the skills and capacities needed municipalities in the country with similar features and for effective, meaningful, inclusive governance which characteristics as BCMM, who for the same reasons, should essentially be underpinned by civic agency.

references

Afesis-corplan and Freedom House Southern Africa (2017) Citizen-based Monitoring of Frontline Service Delivery Toolkit. http://afesis.org.za/wp- content/uploads/2017/08/Freedom-House-Toolkit-July-2017_web.pdf [07August 2018] Bendle M and Hollands M (2014) In Profile: Are Audit Committees and Municipal Public Accounts Committees the Route to Responsible and Responsive Local Governance? In pursuit of Responsible and Responsive Local Governance. Good Governance Learning Network. http://www. ggln.org.za/media/k2/attachments/SoLG.2015-PCRD.pdf [07August 2018] Buffalo City Metropolitan Municipality (2016) Buffalo City Metropolitan Municipality Metro Growth and Development Strategy 2030. http://www. investbuffalocity.com/downloads [07August 2018] Buffalo City Metropolitan Municipality (2016) Buffalo City Metropolitan Municipality Integrated Development Plan 2016-2021. https://www.buffaloci- tymetro.gov.za/Documents/Index/380 [07August 2018] Buffalo City Metropolitan Municipality (2017) Buffalo City Metropolitan Municipality Integrated Development Plan 2018/2019 Review. https://www. buffalocitymetro.gov.za/Documents/Index/520 [07August 2018] Buffalo City Metropolitan Municipality (2018) Skills Audit Report on Ward Committees. Collingwood L and Reedy J (2012) Listening and responding to criticisms of deliberative civic engagement. In Nabatchi T, Gastil J, Weiksner M

28 and Leighninger M (Eds.). Democracy in motion: Evaluating the practice and impact of deliberative civic engagement. New York: Oxford University Press. http://journals.sagepub.com/doi/abs/10.1177/0275074013519702 [07August 2018] Cooperative Governance and Traditional Affairs. 2016.Back to Basics. Presidential Local Government Summit. http://www.cogta.gov.za/cgta_2016/ wp-content/uploads/2016/06/The-Presidential-Local-Government-Summit.pdf [07August 2018] Department of Provincial and Local Government (2005) Ward Committee Handbook. Republic of South Africa. Habib A (2005) State-civil society relations in post-apartheid South Africa. Social Research. Vol 72 Issues 3 (Fall 2006) http://ccs.ukzn.ac.za/files/ Habib.pdf [07August 2018] Masiko-Kambala P, Görgens T and van Donk M (2012) Advancing ‘networked spaces’: making a case for communities of practice to deepen public participation. In GGLN (Good Governance and Learning Network) Putting Participation at the Heart of Development/Putting Development at the Heart of Participation. Cape Town: GGLN and Isandla Institute. https://ggln.org.za/media/k2/attachments/SoLG.2012-Isandla-Institute.pdf [07August 2018] Mbhele Z (2017) Assessing the Ward Committee System: The case of Greater Kokstad Municipality. Masters Degree Thesis. University of Stel- lenbosch. http://scholar.sun.ac.za/handle/10019.1/102716 [07August 2018] McComas KA (2001) Theory and Practice of Public Meetings. Communication Theory, Volume 11, Issue 1. https://academic.oup.com/ct/article-abs tract/11/1/36/4201759?redirectedFrom=fulltext [07August 2018] Mkwanazi JS (2013) Ward Committees Functionaries as Participants for Improving Service Delivery at Mafube Local Municipality. North-West University, South Africa. http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.1005.2324&rep=rep1&type=pdf [07August 2018] Municipal Finance Management Act 56 of 2003. Municipal Structures Act 117 of 1998. Municipal Systems Act 32 of 2000. Nabatchi T and Amsler LB (2014) Direct Public Engagement in Local Government, American Review of Public Administration, Sage Journals. http://journals.sagepub.com/doi/abs/10.1177/0275074013519702 [07August 2018] Ngamlana N (2007) Local Government Transformer, Afesis-corplan. Ngamlana N and Mathoho M (2012) Citizen-led Spaces for Participation in Local Governance: Lessons from the Good Governance Surveys. In Putting Participation at the Heart of Development/Putting Development at the Heart of Participation, Good Governance Learning Network. http:// www.ggln.org.za/media/k2/attachments/SoLGZ2012Z-ZAfesis-corplan.pdf [07August 2018] Ngamlana N and Mathoho M (2013) Examining the Role of Ward Committees in Enhancing Local Governance and Development in South Africa. Lessons Learnt from the Implementation of the Ward Key Performance Indicators Matrix in Seven Municipalities and 30 Wards over a Period of 6 Years. Afesis-corplan. Ngamlana N (2016) Reflecting on the Purpose and Modalities for Citizen Participation in Local Governance: experience from practice. Afesis-corplan. http://afesis.org.za/wp-content/uploads/2016/10/Modalities-of-Participation-Learning-BriefAfesis-corplan-Modalities-for- participation-Learning-Brief-April-2016.pdf [07August 2018] Patel L (2012) Developmental Social Policy: Social Welfare Services and the Non Profit Sector in South Africa. Journal of Social Policy and Administration. December 2012 Vol.46, Issue 6. https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1467-9515.2012.00858.x [07August 2018] Report of the High Level Panel on the Assessment of Key Legislation and the Acceleration of Fundamental Change, Republic of South Africa. 2017. https://www.parliament.gov.za/storage/app/media/Pages/2017/october/High_Level_Panel/HLP_Report/HLP_report.pdf [07August 2018] Skenjana N and Kimemia P (2011) Existing Mechanisms for Public Participation at Local Government Level. Recognising Community Voice and Dissatisfaction, Good Governance Learning Network. http://www.ggln.org.za/media-and-publications/publications/state-of-local-governance/2011 [07August 2018] South African Cities Network (2016) State of South African Cities Report. http://www.sacities.net/state-of-cities-reporting/socr-2016 [07August 2018] Stats SA 2016 Community Survey. http://cs2016.statssa.gov.za/wp-content/uploads/2016/07/NT-30-06-2016-RELEASE-for-CS-2016-_Statistical- releas_1-July-2016.pdf [07August 2018] White Paper on Local Government. 1998.

NOTES

1 Ward Committee Handbook developed by the then Department of Provincial and Local Government, now Cooperative Governance and Traditional Affairs 2 In this paper we are talking about the practice of governance as opposed to the institution of government. Our take is that ward committees aim to improve governance as opposed to inclusive government.

Perspectives from Civil Society on Local Governance in South Africa 29 IMPROVING CITIZEN PARTICIPATION IN LOCAL GOVERNMENT: EVIDENCE FROM TWO CASE STUDIES ON PARTICIPATORY BUDGETING AND MUNICIPAL ACCOUNTABILITY TOOLS

Frederick Kusambiza-Kiingi - Planact

In the current setting, citizens are not given adequate and genuine opportunities to influence or contribute to local government development plans. Where citizens are usually involved in such processes, it is to get their endorsement on development plan decisions. The lack of citizen participation does not enable council officials in correctly prioritising and including needs pertaining to citizens, and there is no conducive environment for citizens to hold their respective local governments accountable. As a result, citizens have been seen protesting against municipal actions for various reasons.

South Africa’s apartheid system created an urban of clarifying the ethos and principles of the new and rural landscape of race-based inequality that developmental state. What has proven far more was destined to prevail long after formal apartheid difficult is ensuring the policies and principles from was dismantled. After the inauguration of the new the White Paper (WP) are translated into effective government in April 1994, it was evident that the systems and procedures across all spheres of biggest task was to redress the outcomes of the government, through the legislative framework. apartheid system through legislative frameworks that Based on the above observations made during would guide the laws and regulations. its work in participatory governance, Planact In 1998, a White Paper on Local Government was developed tools to enable genuine and meaningful developed, which is premised on a developmental collaboration and partnership, between citizens and state, and therefore the newly established the state, and to eventually build trust between the constitutional democracy at the time faced the task two.

30 Perspectives from Civil Society on Local Governance in South Africa structures. One structure comprised the leadership Glossary representing the communities and the second EMM Ekurhuleni Metropolitan structure comprised all community members that Municipality were to be involved while piloting the tools. Both pilot IDP Integrated Development Planning projects were carried out by training all members in LG Local government MFMA (2003) Municipal Finance Management the targeted communities on how local government Act 56 of 2003 works, and on the application of the tool that was MLM Makhado Local Municipality going to be piloted. Surveys were carried out using MSA (1998) Municipal Structures Act 117 of both tools and then assessment of the municipal 1998 MSA (2000) Municipal Systems Act 32 of 2000 planned outputs were done. The information acquired NGO Non-governmental organisation was ascertained by the community members using PB Participatory budgeting focus groups. This information was crosschecked with SA South Africa the responsible municipal official and relevant ward SALGA South African Local Government councillor, and then reported back to the municipal Association WP White Paper officials during public hearings.

This paper attempts to establish whether the low Legislative and regulatory level of citizen participation has been brought about context for public by a disjuncture between the principles and policies of participation in South Africa the WP; this will be done by interrogating the realities of local government on participation as experienced in The main political challenge for the WP was to show the two case studies. The paper further discusses the that it could overcome the race and class-based benefits of citizen participation in local governance imbalances created by apartheid infrastructure processes, and the extent to which the shortfalls development, segregated municipal services and in citizen participation in local governance can be spatial planning based on separation. Under the new remedied by the tools that were developed and democratic order, all government actions would be applied by Planact. Planact’s hypothesis is that these undertaken in consultation with participating citizens. tools, while outside the formal regulated systems of The WP has its stated purpose of defining a municipal governance, have the potential to leverage new relationship between government and citizens changes in local government that are more consistent through: with the WP. This assessment helps us to decide Improved citizen collaboration with local councils. whether the tools were simply a ‘band aid’ to a failing Citizen participation in all local development system or a basis for policy reform to get procedures processes. back on track. Recognising the voters’ right to hold politicians to account. Methodology The rights of citizens as consumers and end- Planact introduced the two tools by organising users. communities in Makhado Local Municipality and Working with citizens as organised partners in Ekurhuleni Metropolitan Municipality into two development.

Perspectives from Civil Society on Local Governance in South Africa 31 developmental local government: dream deferred?

With the underpinning statements, the WP gave The assumption was that this gap would be partly expression to two key constitutional principles, firstly resolved by legislation – the various municipal Acts that all citizens should be treated equally (Section 1 that follow the WP. Statehood, formal democracy and and 3) and secondly that as the sphere of government technically proficient government were the immediate closest to the people, local government has a duty post-apartheid concerns in this case. to provide democratic and accountable governance The WP outlined the following: (Section 157). The WP also recognises that citizens’ …Developmental local government is local presence and participation in the on-going workings government committed to working with citizens of local government will contribute to government’s and groups within the community to find efficacy and legitimacy. Citizens are therefore sustainable ways to meet their social, economic afforded an active role in local government processes and material needs and improve the quality of regarding formulating priorities, planning, decision their lives. making and performance assessment, working towards the developments required to overcome …The need to rebuild relations between poverty and inequality; this posed a new responsibility municipalities and the local communities they to most previously disadvantaged and marginalised serve. citizens who have never participated in any …[The] ways in which municipalities can engage democratic system and were generally unfamiliar with citizens and community groups in the affairs of the rights and obligations of full citizenship. As Habib the municipality in their capacities as voters… (2014) points out, one cannot be an active confident [and] end users. citizen when inequality still lingers in society. He also argues that citizens and leadership need to become The above three principles form the conceptual invested in the institutions of democracy and to backdrop against which Planact sets out to test actively avoid undermining them for narrow and short- its practical experience of local government, with term gains. emphasis on citizen participation. These principles Since the rights and obligations of citizenship are underpinned by the legislative provisions could not be learned overnight, it was intended which give procedural detail and they are listed that municipal legislation would spell out how this below: relationship between citizen and state would function. Municipal Structures Act 117 (1998), Chapter 4, Internal structures and functionaries, Part 4 –

Citizens are therefore afforded an active role in local government Ward Committees, whose object is to enhance processes regarding formulating priorities, planning, decision making participatory democracy in local government. and performance assessment, working towards the developments Municipal Systems Act 32 (2000), Chapter 4, required to overcome poverty and inequality; this posed a new Community Participation, Part 16 – To build a responsibility to most previously disadvantaged and marginalised culture of participation between the state and citizens who have never participated in any democratic system local communities, whose object is to enable and were generally unfamiliar with the rights and obligations of full a formal representative government with a citizenship. system of participatory governance with local councils.

32 Municipal Finance Management Act 56 (2003), happens, this instils responsibility in local government Chapter 4 Municipal Budgets , Part 22 – to present to citizens all decisions taken and to Publication of annual budgets and Part 23 – account for all actions. As Peixoto states, the Consultation on tabled budgets, whose object is accountability brings about transparency and displays to allow for community views be considered by the integrity, which increases cohesion between both their respective local council. parties.

Although the WP is meant to bring citizens close to Description of the tools government processes, the evidence Planact noted and the case studies on the ground1 suggests inadequate collaboration Context in which the tools were and participation in local government development conceptualised processes. Since its establishment, Planact has been involved in social justice work with an emphasis on deepening Benefits of citizen democracy at the local governance level. Over the participation years, Planact has worked in various disadvantaged This paper reviews the benefits of public participation and marginalised communities. from a citizen perspective only. Although citizen Through its experience in working with participation is widely held in high esteem, it can bring communities, Planact developed and tested two about conditions that are costly and ineffective, as different tools to enable the improvement of citizen is pointed out by Irvin and Stansbury (2007). Good collaboration and participation, and leverage democratisation, planning and teaching citizens about transformation in local government processes. The local government processes and programmes is one aim was to use these tools to facilitate the inclusion of the key positive elements brought about by public of previously marginalised and disadvantaged participation. communities. These tools are: Citizens’ involvement in local government Participatory Budgeting Tool. participation brings about benefit to both the citizens Municipal Accountability Tool.2 and the state. Participation increases trust between the citizens and state and therefore improves The Participatory Budgeting Tool was piloted processes, and this is a factor perceived to promote in Makhado Local Municipality(MLM) within the good governance in a political system (Clark and Lee, Vhembe District (which has a population of about 2001). 25,000 people). The MLM has a population of Peixoto (undated) quotes the study done by the 516,036 according to Statistics South Africa 2011, Institute of Development Studies on the participatory and consists of the town of Louis Trichardt largely budgeting process carried out in Porto Alegre, that surrounded by peri-urban and rural settings. The citizen participation brings increased efficiency from targeted communities were not involved in the local government and better allocation of resources. municipal processes at all.There was lack of planning, Pandeya (2015) affirms that citizen participation political will and no accountability to the citizens enables better resource allocation choices.When and they were taken not to understand municipal genuine citizen collaboration and participation processes. The different ward committee sessions

Perspectives from Civil Society on Local Governance in South Africa 33 developmental local government: dream deferred?

In the State of Local Government publication Given the proximity of these settlements to the council’s administrative of 2012, Planact described the first two of the three offices and to the economic hubs within the municipality, it seemed phases of the participatory budgeting (PB) tool, which that these settlements had been ‘forgotten’ and fallen off the council’s it had piloted then. The case study illustrated how the development agenda. PB tool adapted the Porto Allegre model that follows a decentralised bottom-up approach of bringing together communities into council budgeting processes. were not happening, and instead were replaced by As set out in the WP, and elaborated in the political discussions. Municipal Systems Act, the ward committee system The Municipal Accountability Tool was piloted is one of the avenues supposed to provide an easy in Ekurhuleni Metropolitan Municipality (EMM) in means for citizens to engage with local government three informal settlements in Wattville Township. on neighbourhood level service and governance The EMM has a population of about 3,180,000 issues, however, Idasa (2011) found that: according to Statistics South Africa 2011. The three MLM did not adequately adhere to the legislative informal settlements in the EMM where the case mandate in respect to citizen participation study was carried out have about 3000 households regarding their involvement in planning, budgeting in total. and assessment. It was noted that these three settlements did not There was dissatisfaction from communities who interact with the EMM council, because they were felt excluded from any kind of engagement with not represented on any of the council’s structures the council. and therefore were not included in the council’s IDP Communities were not made aware that they were projects list. Given the proximity of these settlements entitled to be involved in key municipal processes to the council’s administrative offices and to the and functions. economic hubs within the municipality, it seemed that MLM did not give reports or reasons on decisions these settlements had been ‘forgotten’ and fallen off it took, and community members felt that the the council’s development agenda. development priorities that MLM adopted were

Implementing the participatory skewed. budgeting tool and its The ward committee system was not functioning achievements optimally. The overall objective of the participatory budgeting Traditional leaders did not recognise the authority pilot project in Makhado Local Municipality (MLM), of the local council and did as they desired by was to get citizens to learn and understand how exercising despotic authority over local rural budgeting of their municipality was done and how communities. they could be involved in the process. The process in the MLM was previously documented by Idasa Based on the Idasa assessment that accountability (2011), in which Idasa described a situation where and transparency were lacking in the MLM, and the MLM did little to involve citizens in its day-to-day that the council had used a top-down approach to affairs. Idasa found a top-down3 approach that was budgeting, Planact’s positioning of the Participatory inconsistent with the essence of the WP. Budgeting Tool set out to:

34 Enable citizens to be involved in the budgeting process. There was noticeable change within the municipality regarding its level of receptiveness to the communities’ input. Communities also acquired Provide citizens with knowledge to assess a better understanding of the process of prioritising and planning that whether the MLM was using funds for their is required to formulate budgets, and this in turn, improved cohesion intended purposes. between the municipality and the communities. Increase transparency and accountability of the MLM by making all information pertaining to budget processes(planning, decisions and discussions on issues pertaining to local development formulation) available to the public. in their areas and that they are allowed to consult with their respective communities (White Paper Using the tool, Planact set out to organise and 1998). Planact engaged with both the council and work with three communities it targeted in the traditional leaders to develop a better understanding MLM jurisdiction. This tool advocated for a bottom- amongst traditional leaders, on how and where they up process where the tool was rolled out with fitted into the workings of local government on issues communities discussing their key priority needs during of community participation. planning and budgeting at a village or neighbourhood After building the capacity of the MLM to level; this was then taken to area-based planning at understand its obligation to involve citizens in all of a ward level, and to a regional level. At the regional its affairs, the council made all budgetary information level, the sub-sector and performance monitoring available to communities. A proper understanding of committees of the council joined the discussion the respective roles of the municipality, community process to formalise the outcome and prepare for and traditional leaders enabled better collaboration integrated development planning (IDP). Together between three parties. with community representatives, these priorities were According to Makwela’s (2012) outline on presented to the finance committee, the councillors setting up of the participatory budgeting tool, after and the mayor, and were included in the IDP. With Planact completed developing capacity for the the acquired understanding of both the IDP process MLM on citizen collaboration and participation and importance of prioritising needs, the end product in 2011, there was noticeable change within the confirmed to community members how they had been municipality regarding its level of receptiveness to instrumental in influencing the budget. the communities’ input. Communities also acquired Furthermore, within its jurisdiction, MLM has a better understanding of the process of prioritising traditional leaders, who were under the impression and planning that is required to formulate budgets, that the local council had no authority over them and this in turn, improved cohesion between the and that they could do what they desired. As pointed municipality and the communities, which Bassett, out by Idasa (2011), the traditional leaders were (2016) emphasises as a good recipe for transparency despotic in their relationship with the communities, and accountability. Planact later learnt that municipal which exacerbated the ability of all stakeholders revenue improved and communities were motivated to collaborate. Planact understood that despite the to monitor and assess project outcomes and the difficulties posed by traditional leadership, the WP extent of achievement of the intended outcomes of provides for traditional leaders to be involved in the projects.

Perspectives from Civil Society on Local Governance in South Africa 35 developmental local government: dream deferred?

Implementing the municipal To engage with these complex procedures, accountability tool and its citizens require information on the available funds achievements and how local councils prioritise projects and The pilot project set off by organising community expenditure. However, the legislative framework members in small representative structures outlined earlier is silent on some of these matters, within their settlements, and then clustering the and it does not, for example, cover how citizens representative structures into one structure from the would be involved in procurement, and also does two wards to learn about: not adequately cover how performance objectives How the legislative framework enables citizens to would be assessed. Therefore, Planact’s Municipal be involved in local council processes. Accountability Tool places more emphasis on citizens’ Reading and analysing council integrated involvement to assess procurement processes and development plan (IDP) documents and budgets performance against set objectives, budgets and that relate to service delivery commitments. standards of outputs by applying the social audit Citizens’ responsibilities and the overall council’s concept. responsibility. The piloting of this tool in the three settlements Furthermore, community members were trained on led to the council’s political and administrative social audit methodology as the second part to the representative collaborating with community members tool, which enabled communities to carry out an in assessing the issues that were of most concern to objective assessment of the councils’ set performance the community.Three key results were achieved from objectives and goals. The results were then discussed this process. The first result was the collaboration of with the administrative and political representative of the council and recognising its responsibility to the the council. The key element at this stage was to get three settlements, which was not happening within concrete commitment from the council to rectify part the existing systems. The second result was that or all of the issues presented to them as findings from the council accepted that the community members the audits. would carry out an assessment of the contracts on The Municipal Accountability Tool was carried sanitation servicing and maintenance, and the results out in a series of two phases. The first phase of the revealed that the service providers neglected some tool provided learning about the legislative framework of the contractual obligations that were not monitored related to local governance and the second phase by the council officials at all. The third result was that dealt with assessing municipal projects’ performance council agreed to provide information on maintenance through applying the ‘social audit’ concept. The contracts, which enabled communities to carry out social audit is a method that beneficiary communities an assessment based on true information. Municipal apply to physically assess the results of what the officials admitted that the monitoring of service provid- municipality set out to provide, using all information ers was unsatisfactory due to the capacity levels in from the municipality pertaining to project funding, the council, and this brought about the sub-standard specifications, tendering and product or service service. standards. This type of involvement is one of the The practical outcomes were that the council indicators of active citizenship (International Budget improved the maintenance of the temporary sanitation Partnership, 2013). in the settlements within a set period. Communities

36 acquired knowledge about council budgets and earmarked for relocating was relocated in April the role of social audits within the Municipal 2018. Accountability Tool where they prepared submissions One of the manifestations of the breakdown in to the 2017/2018 councils’ IDP and budget allocation. the relationship between local communities and the Planact is exploring ways to carry this forward within municipality before Planact’s intervention, was that communities. of community protests4 among many other protests that have been witnessed in the country since 2004. Findings These protests have left many undesirable outcomes. A disjuncture between the WP and its implementation Figure 1 below gives statistics on municipal service was apparent through the example of the relocation protests from 2004 to 2017 totalling 1377, which of one community. The targeted community members illustrates how citizens have felt and still feel about in EMM said that they had not been consulted by their respective local governments’ service provision. the municipality or involved in any way about issues This result could be attributed to local government not of development in their settlements, however, they fulfilling its mandate due to poor management, or due had been informed that there was consideration to to strained resources within the local government that relocate them, which shows how community do not match demand. If it is the latter, citizens would members were not genuinely and adequately not have known it, implying that there was lack of involved in their respective local council improvement adequate collaboration and communication between and local initiative processes. Such a process the state and citizens. In the case study areas, illustrates how legislation and systems were not protests took the form of communities barricading in agreement with the WP. The informal settlement public roads before Planact’s intervention.

Figure 1: Major municipal service delivery protests, by year (2004-30th September 2017)

Municipal Service Delivery Protests (2004 - 2017)

191 173 164 155 152 137

107 111

Number of Protests 82

10 34 2 32 27

2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Year

Source: Municipal IQ - Municipal Hotspots Monitor

Perspectives from Civil Society on Local Governance in South Africa 37 developmental local government: dream deferred?

The two tools Planact piloted brought about some of their respective local councils, these tools do drastic changes in the way both councils carried out not provide ways of tackling some of the deep- their processes. Both the MLM and EMM council made seated shortcomings within the councils. One of the provision for communities to be involved in budgeting aspects the tools must consider is to include ways processes. After piloting both tools, it was revealed of advocating to the Department of Cooperative that the objectives of citizen participation as set out Governance on issues where local government has in the WP were not observed or fulfilled satisfactorily. not complied according to the systems that flow from From the EMMC’s IDP lists, the exclusion of these the legislative framework. settlements was not picked up, which raises the Planact noted that local authority officials were question whether the citizen’s representative structure, not remorseful for their failures, and they cannot carry the ward committee, serves its purpose. The EMM on failing with impunity – a system of consequence council’s performance and monitoring system should management is urgently needed. Although the White not have let the poor actions of the service providers Paper did not anticipate this provision, the necessary take place on the service provision contract. There legislative amendments and supplements should was no provision for the community members to raise not be difficult. Currently, underperformance goes to EMM council the condition their settlements were largely unsanctioned and the relevant policy and legal in, regarding sanitation, before Planact’s intervention. guidelines have proven ineffective. This situation is indicative of the little space the Reasons for failure include bureaucratic council provides the citizens for input in the council processes, lack of systematic approach, officials affairs, despite the fact that one of the WP objectives not keen to see processes through to the end due is to enable citizens to work with their respective different understandings or objectives. Interviews councils in exploring ways that would build and held with key municipal officials and a review of improve the citizens’ livelihoods. local council action suggest that ‘participation’ to With the support from Planact, the three some simply meant assembling affected community communities were given a space to engage their members and informing them of the decisions taken council officials – a space that was not created or to be taken by council. The officials from the MLM through the ward committees, which are supposed pointed out that citizen participation processes drag to be the official structures to link citizens and state. out, resulting in delays and costing a lot of money. The case study work reveals that the ward committee It is argued that more citizen participation system and other regulated spaces for participation in council processes is likely to decrease the need to be either reformed, or scrapped – which dissatisfaction in citizens (Morudu 2017) and choice involves an on-going debate that requires therefore decrease the municipal protests currently careful interrogation. witnessed. Planact’s observation is that the understanding Challenges to effective and interpretation of participation amongst the parties public participation from involved differs, due to their varied exposure, training the case studies and set priorities with regard to what they are out to Although Planact’s tools provide different and feasible achieve. Usually the government authorities, citizens ways of how citizens can be involved in the affairs and practitioners have different requirements and

38 needs to fulfil and this leads to different priorities, resulting in trouble from the onset. Mismatched Planact’s observation is that the understanding and interpretation of priorities could also result in local government participation amongst the parties involved differs, due to their varied pursuing short-term political objectives rather than exposure, training and set priorities with regard to what they are out to sustainable development outcomes. achieve. Without definite clear systems and credible structures, democracy is almost non-existent for most There must be an enabling environment to citizens in South Africa. Piper and von Lieres (2008) provide a sense of confidence to citizens that their state that there is a poor design of public participation contributions will influence decision making, and there which leads to poor implementation through the must be feedback on each outcome of the citizens’ structures meant to serve this purpose. They further contribution. attribute some of the failure of true and meaningful From the experience in MLM, local government participation to the lack of political will. The ward processes should continue to draw traditional leaders committees comprise councillors and representative in discussions and planning. As it is pointed out in community members, but there seems not to be the SALGA – KZN (2013) circular, there should be enabling procedures for public participation. Local very clear protocols established to ensure adequate Government Action (no date) points out that ‘Ward developmental governance, which will bring about committees are meant to encourage participation harmonious relationships amongst all relevant parties, of the communities – their job is to make municipal to ensure that the needs of the community are council aware of the needs and concerns of residents understood by the municipality. and keep people informed of the activities of municipal council’. Conclusion The WP designed the system to be a representative Recommendations one, however the level of this representation is not to improved citizen strong enough to achieve genuine involvement of participation citizens. The involvement of citizens in using the To enhance public participation in local government, Municipal Accountability Tool enabled them to engage officials should have dedicated sessions with citizens with local government development processes right to build and increase citizens’ understanding of local from budget planning, budget formulation, procurement, government processes. and evaluating the results of the intended outcomes. In communities where Planact has intervened As with most outside interventions that assist local with support, citizens were found to be atomised and governance processes, there is always a question of fragmented. As is emphasised by Rowe and Frewer whether the gains/improvements would be sustained. (2000), recognised institutional forms or structures Planact’s experience suggests that while managerial of democracy create social cohesion between the and political champions within the municipality often state and citizens and within citizens’ formations. In help to fast-track change, long-term improvement this case, ward committees are meant to be such requires reform in institutionalising the new structures, however most of them have a low level of participation in the budget procedures and systems – functionality and therefore need to be reformed. in this case, within the budgeting cycle.

Perspectives from Civil Society on Local Governance in South Africa 39 developmental local government: dream deferred?

Planact has observed that development balancing forces between the state and citizens processes at the local level have always been difficult. slow. This drawn out process is mainly due to weak The reality on the ground still reflects governance and administrative capacity, and an mismanaged resources, flawed processes and inadequate understanding of true citizen participation, inadequate skills in management. The WP was which results in very limited or lacking participation by appropriate for the era and the political environment communities (Nyalunga2006). it was set in. The subsequent trajectory of local The WP relies greatly on citizens to express government did little justice to the ethos and their needs and aspirations and to become involved principles of the WP, and now it is clear that the core in issues of administration and governance. This issues of municipal governance are matters on which ethos is yet to find practical expression in the daily the WP is largely silent. activities and decision-making of most municipalities. The intervention remedies designed and The legislative framework that gave further regulatory implemented by Planact have the potential to address substance to the White Paper does not adequately some of the public participation shortfalls emanating empower citizens to influence municipal actions.This from the systemic governance failures. However, shortfall gives local council continued impunity to do these weaknesses are rooted in the institutional as they wish. culture of local government and to effectively address The space for interaction between civil society this culture, the tools would need to be refined and and the local government is partly shaped by the improved. Locality and area-specific solutions are poor quality of planning, operational management only worthwhile and sustainable if they can re- and strategy formulation. Even if municipalities were shape policy and regulatory frameworks and thereby trying to do the right thing, they would probably become institutionalised, which will contribute struggle. Unfortunately, the political will, integrity to translating policy into transformed behaviour and willingness to uphold community interests and practice in local councils. Only once there is is also questionable. Power dynamics between transformed behaviour can the practical meaning of community and council, within council, between the WP vision be realised for all citizens, especially political and administrative leadership and even the ones that have suffered the most in society. within communities plays a negative role and makes

REFERENCES

Allan K and Heese K (undated) Understanding why service delivery protests take place and who is to blame. Municipal IQ, South Africa.www. municipaliq.co.za. Bassett C (2016) An Alternative to Democratic Exclusion? The Case for Participatory Local Budgeting in South Africa. Short Papers Series on Civic Engagement & Civic Participation October/November 2016. Buccus I (2016) South Africa: Public Participation in Policy-making – A Practical Examination. Short Papers Series on Civic Engagement & Civic Participation October/ November 2016. Clark JR and Lee DR (2001) The Optimal Trust in Government. The University of Tennessee at Chattanooga and University of Georgia. http://college.holycross.edu/RePEc/eej/Archive/Volume27/V27N1P19_34.pdf. Friedman S (2006) Participatory governance and citizen action in post-apartheid South Africa. DP/164/2006. International Institute for Labour Stud- ies. www.ilo.org/wcmsp5/groups/public/---.../---inst/documents/.../wcms_193613.pdf.

40 Habib A (2014) Ways of belonging. Media and Citizenship. Mellon Humanities Focus Area. Published on Monday, 11 August 2014. http://medi- aandcitizenship.ru.ac.za/tag/citizenship/. Idasa(2011) The State of Local Governance in South Africa through a Citizen Perspective. Johannesburg: Idasa. International Budget Partnership (2013) A Guide to Conducting in South Africa. Cape Town: Tandym Print. Irvin RA and Stansbury J (2007) Advantages and Disadvantages of Public Participation. Citizen Participation in Decision-Making: Is it Worth the Effort? International Journal for Public Participation (IJP2). https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1540-6210.2004.00346.x Karamako J (2011) and Jain H (2010) Community Protests in South Africa: Trends, Analysis and Explanations. https://www.sajr.co.za/docs/default- source/default.../14-community-protests.pdf?...2 Khuzwayo K (2009) The Role of Ward Committees in Facilitating Community Participation in Municipal Planning: The Case of Wards 1 and 19 at Umzumbe Municipality. University of KwaZulu-Natal, Durban, South Africa. Local Government Action website http://www.localgovernmentaction.org/ [accessed 28/06/2018]. Makwela M (2012) A Case for Participatory Budgeting in South Africa: The State of Local Government. Good Governance Learning Network. Morudu HD (2017) Service delivery protests in South African municipalities: An exploration using principal component regression and 2013 data. https://doi.org/10.1080/23311886.2017.1329106. Pandeya GP (2015) Does Citizen Participation in Local Government Decision-Making Contribute To Strengthening Local Planning and Account- ability Systems? An Empirical Assessment of Stakeholders’ Perceptions in Nepal. International Public Management Review, Vol. 16, Iss. 1, 2015. http://journals.sfu.ca/ipmr/index.php/ipmr/article/viewFile/247/243. Piper and von Lieres (2008) Inviting Failure. Citizen Participation and Local Governance in South Africa. Citizenship DRC Special Issue Vol. 1 No. 1 January 2008. https://www.researchgate.net/.../238737622. Planact (2016) Successes and challenges of Planact’s Participatory Governance Programme in promoting service Delivery: A case study of Springvalley Informal Settlement in the Emalahleni Local Municipality 2013-2016. South Africa. Nyalunga D (2006) An empowered and robust civil society as an ideal strategic partner of a municipal manager in the promotion of community participation in local government. International NGO Journal Vol. 1 (3), pp. 041-043, December November 2006. http://www.academicjournals.org/INGOJ. Nyalunga D (2006) Crafting Active Citizen Participation through Ward Committees. Institute for Democracy in South Africa.Vol.S-8 (3) pp 44-46. Rowe G and Frewer, LJ (2000) Public Participation Methods: A Framework for Evaluation. Science Technology Human Values 2000 25: 3. http:// sth.sagepub.com/content/25/1/3. South African Local Government Association – Kwazulu-Natal (2013) Guideline on Enhancing Public Participation: Mechanisms to Improve Public Participation In Addition To Ward Committees. Circular (CIR 4/13 – G&IGR). http://www.durban.gov.za/Resource_Centre/new2/Documents/Enhancing%20Public%20Participation%202013 Peixoto T (undated) At the intersection of participation and technology. The Benefits of Citizen Engagement: A (Brief) Review of the Evidence. Democracy Spot. https://democracyspot.net/2012/11/24/the-benefits-of-citizen-engagement-a-brief-review-of-the-evidence/

NOTES

1 During its pilot project work with various community partners. 2 These Tools were developed and implemented at different times and in different communities, and they were conceptualised based on the short comings Planact observed in citizen participation and collaboration with the state. The collaboration and citizen participation are also stipulated as some of the objectives in the White Paper to be achieved. 3 Municipal processes had very limited consultation with the citizens and most plans and decisions were undertaken with the absence of citizens’ consent or even knowledge. 4 Statistics on municipal service provision protests from 2004 to 2017 are shown in Figure 1 below on page 35.

Perspectives from Civil Society on Local Governance in South Africa 41 RECLAIMING SOCIAL ACCOUNTABILITY AND PARTICIPATION TO STRENGTHEN THE INTEGRITY OF LOCAL GOVERNANCE

Jens Horber - Isandla Institute

The Constitution of the Republic of South Africa (1996) and the White Paper on Local Government (1998) both set out the mandate for democratic and accountable participatory local government. While there have been significant achievements since the first local government elections in 2000, municipalities are plagued by allegations of corruption and mismanagement, a lack of accountability and insufficient civic engagement. While most discussion has focused on, for example, ward committees and the functioning of IDP prioritisation processes, there has been little attention paid specifically to land and infrastructure development decision making processes. and E valuation of P lanning , M onitoring : D epartment P hoto

Recent cases such as the governance crisis in these governance issues. In addition, when local Nelson Mandela Bay Municipality (Olver 2017), government does engage in participatory processes, controversy around the Foreshore Freeway Project these are often accused of being formulaic. in Cape Town (Chambers 2018), and the land and The intention of accountable and participatory development challenges experienced in Lephalale local government, as embodied in the Constitution linked to the construction of Medupi power station and the White Paper, is getting lost. Specifically, with (Phadi and Pearson 2018) highlight a need to address regard to spatial transformation and debates around

42 Perspectives from Civil Society on Local Governance in South Africa land and infrastructure development decision making processes, there is a need for the advantages of While there have been notable achievements by local government in participatory governance to be highlighted in order the twenty years since the White Paper, overall service delivery and to improve accountability and good governance. governance has not met expectations, and a number of municipalities The Integrity, Transparency, Accountability and are plagued by allegations of corruption and mismanagement, a lack of accountability and insufficient civic engagement. Technology (InTAcT) Project, that forms part of the Cities Support Programme of National Treasury and which is supported by the Isandla Institute and or ‘invited spaces’ (Cornwall 2008) of participation, Strategies for Change, looks to address this issue. such as ward committees, imbizos, public meetings, The outcome-based orientation of the InTAcT Project complaints systems and satisfaction surveys. aims to assist in reclaiming social accountability as Specifically, Integrated Development Plans (IDPs), an important element of local government practice. set out and enabled by the MSA, were intended as This paper builds on a discussion of the contextual prime sites for meaningful public participation in the factors that often present complex accountability budget and infrastructure prioritisation and strategic and integrity challenges to good governance; it also development decision making of local government. reflects on how accountable and participatory local In fact, the MSA defines communities not merely government, as embodied in the Constitution and the as beneficiaries of municipal services but as a White Paper, can be strengthened via innovative tools constituent part of a municipality, in conjunction with and mechanisms highlighted and documented by the political and administrative structures. InTAcT Project, and how these can be supported by It is important to note that the term ‘public local government, civil society, the private sector and participation’ can be defined in a number of ways, other stakeholders. and Arnstein (1969) defines eight levels of public participation arranged in a ladder pattern with each Local governance since the rung corresponding to the extent of citizen influence. White Paper These levels range from manipulation, to informing, The White Paper on Local Government (1998) was an consultation, partnership, and on to delegated power element of the drive to decentralise and democratise and citizen control. The levels are, in turn, collectively governance in South Africa. Its intention was to grouped into three degrees of participation, namely promote developmental, cooperative, participatory Citizen Power, Tokenism and Non-participation. With and democratic local government. The White Paper, reference to Lefebvre’s (1968) concept of the Right together with the legislation that built upon it and to the City, the ideal is for an empowered citizenry, defined the roles and responsibilities of the local and while the spirit of the White Paper may have government system, including the Municipal Systems been to nominally create a degree of citizen power Act (No. 32 of 2000) (MSA), the Municipal Financial in local government decision making, the effective Management Act (No. 56 of 2003) (MFMA) and the delegation of power and citizen control was, and Spatial Planning and Land Use Management Act remains, limited. This can assist in explaining why (No. 16 of 2013) (SPLUMA), sought to create an local government participatory processes are often efficient and participatory local government system. accused of being formulaic. In contrast, meaningful These pieces of legislation enabled government-led, public participation in the budget and infrastructure

Perspectives from Civil Society on Local Governance in South Africa 43 developmental local government: dream deferred?

prioritisation and strategic development decision as ward committees (Smith and de Visser 2009) making of local government would result in claims and IDP forums. Municipal accountability initiatives that citizens have not only been consulted, but can also be affected by changes in leadership, as have directly influenced these decisions; however, these initiatives often need champions in the face of evidence of this remains minimal. internal municipal resistance. It is clear that current While there have been notable achievements approaches do not meaningfully enable civic agency by local government in the twenty years since the and co-production in decision making. White Paper, overall service delivery and governance has not met expectations, and a number of ‘Bottom-up’ community- municipalities are plagued by allegations of corruption focused, and government- and mismanagement, a lack of accountability and led accountability insufficient civic engagement. The local government initiatives legislation highlighted above, as well as other In this context, and given the low level of trust in procedures, mechanisms and structures that have local government as evidenced by a 2015 survey been put in place to promote accountable local where 62% of citizens sampled had no trust in local government, strongly institutionalising a system of government (Afrobarometer 2016), increasingly upward accountability, have inadvertently resulted in frustrated citizens are finding other ways to voice a culture of compliance in local government, where their concerns and demand accountability. Public the form often takes precedence over the function. protests, often simplistically labelled ‘service delivery In addition, a number of more recent attempts by protests’, are the most prominent, and often the last municipal governments to improve accountability resort of citizens that have previously engaged local have followed a ‘service-user’ approach, with the government in other forms (Chigwata et al. 2017). use of information and communications technologies These protests can be seen as ‘invented spaces’ of (ICT) and ‘e-government’ initiatives to facilitate fault participation (Cornwall 2008), but it can be argued or issue reporting, as well as satisfaction surveys and that they may not be a sustainable or constructive community scorecards to gauge citizen needs and way to ensure government accountability and concerns. responsiveness. However, questions remain around the In response, civil society and government accessibility and inclusivity of these mechanisms, with have introduced initiatives to strengthen existing regard to existing citizen capacity and knowledge, as accountability mechanisms or create new well as city responsiveness. There is also a growing opportunities for improved transparency, participation body of evidence that these approaches may reduce and accountability. These initiatives include social local government receptiveness to community-driven audits, budget transparency initiatives, citizen and collective approaches to social accountability, budget capacity building and participatory budgeting, with an example being the City of Cape Town’s community-based monitoring, and informal settlement reluctance to engage with community-driven social upgrading innovations; these are either citizen audits (Storey 2014). This situation is also concerning or government-led, and often focus on making as there are well-documented issues with existing information easier to access and understand, training formal institutional structures of participation, such citizens on policies and methods of engagement,

44 and therefore improving citizen capacity for more Why focus on land meaningful engagement with local government and infrastructure processes. Social audits have been facilitated by development decision the Social Justice Coalition in Cape Town, Equal making processes? Education in the Western Cape and Gauteng, Planact The Integrated Urban Development Framework in the City of Ekurhuleni, Afesis-Corplan in Buffalo (IUDF) (CoGTA 2016) and the National Development City Municipality (BCM), and the Built Environment Plan (NDP) (NPC 2012) identify spatial transformation Support Group (BESG) in Msunduzi Municipality. as vital for the development and growth of South These audits have mostly focussed on reviewing African cities. These, and other policies and plans, local service delivery and procurement issues, but identify land and infrastructure development as key have been met with varying levels of municipal levers for moving towards inclusive, resilient, and receptiveness and responsiveness. Community-based efficient cities that ensure viable livelihoods for all monitoring has, for example, been undertaken by the urban residents. However, land and infrastructure Black Sash and the Social Change Assistance Trust’s development processes are complex and necessitate Community Monitoring and Advocacy Programme mediation between the often competing and/or (CMAP) to monitor government facilities across the conflicting needs and interests of stakeholders, country, including South African Social Security as well as alignment with resources, capacity and Agency (SASSA) offices, Home Affairs offices, and institutional functions and structures – where these health clinics. often operate in silos, and across different spheres Participatory planning, management and of government. Some aspects of these processes are budgeting initiatives have been piloted, such as well legislated and regulated, while others are opaque eThekwini’s ‘People’s Budget’ participatory budgeting or open to discretion, which can allow for their process that ran from 2002 to 2006, which used integrity and social accountability to be called into ward committees and other participatory forums to question. But what exactly do the concepts of land elicit citizen priorities. However, it fell away due to and infrastructure development entail? administrative and political resistance within the The Spatial Planning and Land Use Management municipality (Smith 2004). Metros such as Mangaung Act (SPLUMA) defines land development as ‘the and Ekhuruleni, as well smaller municipalities such erection of buildings or structures on land, or as Makhado (2012), have also piloted participatory the change of use of land, including township budgeting programmes, but the method has yet to establishment, the subdivision or consolidation of land become sustained or institutionalised in South Africa. or any deviation from the land use or uses permitted In addition, the HSRC notes that there is currently in terms of an applicable land use scheme’. Land use little learning from and dissemination of these many initiatives within and between municipalities (HSRC 2014). Particularly at project level, these tools and However, land and infrastructure development processes are complex innovations often do not find enough institutional or and necessitate mediation between the often competing and/or strategic support, and internal fragmentation and silos conflicting needs and interests of stakeholders, as well as alignment within municipalities limit the potential for internal with resources discussion and collaboration (HSRC 2014).

Perspectives from Civil Society on Local Governance in South Africa 45 developmental local government: dream deferred?

refers to the purpose for which land is or may be The InTAcT Project used (e.g. residential, commercial, transportation, In this context, the City Integrity, Transparency, recreational, industrial, or institutional, among Accountability and Technology Project (InTAcT), others), and the conditions associated with these initiated by the National Treasury’s Cities Support land uses. Land use is decided upon in clearly Programme (CSP), aims to assist cities to improve defined approval processes, and guided and their governance performance, with a focus on land regulated by land use schemes and procedures and infrastructure development. Specifically, the focus (also known as the land use management of InTAcT is on analysing their land and infrastructure system). However, in addition to the definition of development decision making processes – for land development contained in SPLUMA, land example how decisions are made, ratified and development can also be viewed as the decisions communicated to relevant stakeholders, including taken in regard to the physical development of land citizens and communities – in order to identify using public investment to facilitate, assign value to, complexities, vulnerabilities and good practices. service and construct on land in order to influence The intention of InTAcT is also to explore the nexus investment by the public and private sectors and to between decisions made regarding land development, respond to city needs and imperatives, such as the land use management and infrastructure projects, demand for housing. Land development can also and to understand the extent to which these decision include land transactions such as land disposal and making processes enable integrity and social land acquisition. accountability outcomes, and/or how to progress Infrastructure development is closely related to towards these outcomes. land development. Metropolitan municipalities are responsible for infrastructure provision for household The InTAcT Project focuses on four critical areas services (such as water, sanitation, electricity, of decision making related to land and infrastructure storm water management, municipal roads, refuse development: prioritisation, procurement, permissions removal and street lighting), public housing, and and performance. These areas have been identified municipal services and facilities (such as municipal as places where unaccountable, unethical public transport, emergency services and community and opaque actions take place, and therefore services). In recent years there has been more require attention in order to improve governance. emphasis placed on strategically located catalytic Partnerships are also an important element in land projects. These aim to create mixed and intensified and infrastructure development, with the choice and land uses, a mix of incomes, and require major type of partnership playing a part in the decision infrastructure investment and a blend of finance, making process, and governed by the processes of where a mix of public funds leverage private sector prioritisation, procurement and permissions. investment as well as unlock household investment. Specifically, prioritisation refers to city processes All municipal infrastructure projects, whether catalytic in selecting, resourcing and prioritising specific or not and regardless of the type of infrastructure land development and/or infrastructure projects for development, can vary in size and complexity and inclusion in city plans and budgets. These processes involve similar decision making processes – this also occur at both city level as part of IDP development, as applies to land development decisions. well as at local level. These decisions are captured in

46 IDP, BEPP, budget and Service Delivery and Budget identification of public priorities, and that these Implementation Plan (SDBIP) documents. inform land use, land development, and infrastructure Procurement refers to decisions taken through development decisions. Thus, decision making the municipal supply chain management (SCM) should be accessible, inclusive and responsive to system to procure land, goods and services for land public interests. Municipalities should also account development-related infrastructure projects, as well to citizens and local stakeholders for decisions as municipal land asset disposal. These processes made that impact on the form and direction of are highly regulated and involve a number of legal urban land development. In essence, socially requirements. accountable decision making should drive inclusive ‘Permissions’ refers to the urban planning spatial transformation and build public trust. regulatory decision making processes, such as Social accountability can also improve municipal decisions made via planning tribunals, planning performance in infrastructure development processes committees and delegated authorities regarding land by recognising and supporting citizens and civic development applications. These processes are often actors as important partners and co-producers. quasi-judicial and decisions need to be made based Therefore, by focusing on integrity and social on clear policy and ethical judgement. Decisions accountability in land and infrastructure development include land use, infrastructure and urban planning decision making processes, the InTAcT Project matters such as rezoning, development contributions, can assist in reclaiming social accountability as an building plan approvals etc.; the issuing of licenses important element of local government practice, and permits; and the levying of penalties. restore or reinforce public trust in the system of local Lastly, performance refers to decisions regarding government, and ensure that progress on urban the assessment of performance, the consequences spatial transformation imperatives is made. of inadequate performance, and how performance is reported. This type of reporting happens annually Social accountability tools and/or over a 5-year period, and is tied to terms of The InTAcT Project has, as one of its aims, to create office and associated IDPs. an inventory of innovation and good practice within Why are integrity and social accountability critical cities, supplemented by documentation of relevant for land and infrastructure development decision global innovations and good practice. The intention making processes? of this inventory is to provide cities with ideas and Public integrity can be viewed as the application tools to improve their social accountability and of generally accepted public values and norms in integrity. This paper focuses specifically on two social the practice of public sector organisations, so it is accountability tools, namely citizen-based monitoring important to determine whether decisions in land in relation to IDPs, and planning concordats. and infrastructure development are made against these values and norms, in the public interest and Citizen-based monitoring with social accountability in mind. Taking socially in IDP processes accountable land and infrastructure development decisions means that citizen inputs are invited, Citizen-based monitoring (CBM) aims to enhance acknowledged and taken into account in the public accountability and service delivery by

Perspectives from Civil Society on Local Governance in South Africa 47 developmental local government: dream deferred?

The CBM method applied to municipal The CBM process thus enhances government responsiveness as well integrated development planning has the potential as citizen trust in local government. to strengthen citizen participation in the prioritisation of infrastructure and land development projects, concentrating on citizens’ experiences of government as well as municipal performance monitoring. The performance. A ‘Framework for Strengthening process engages citizens on the IDP in terms of Citizen-Government Partnerships for Monitoring ward level needs, and through such a process, Frontline Service Delivery’ was approved by the citizens can gain a stronger voice in the broader Cabinet in August 2013. The approach emphasises IDP process and achieve greater influence in building the capacity of both citizens and officials to: the prioritisation decisions undertaken in their (i) monitor how citizens experience service delivery; municipality. The process thus enhances government (ii) analyse this feedback; (iii) take actions aimed at responsiveness as well as citizen trust in local improvement; and (iv) communicate the outcomes to government. The method also serves to link all stakeholders. Building on experience from CBM prioritisation and performance monitoring processes pilots that began in October 2013, the Department to ensure agreement on issues or projects that will of Planning, Monitoring and Evaluation (DPME) be monitored at the ward level; doing so involves recently developed a version of the CBM three- building the capacity of ward councillors, committees step method applicable to the municipal Integrated and residents to play an important role in monitoring Development Planning (IDP) process.This decision service delivery. The process also has the potential was made in response to a widely held public view to improve municipal answerability in terms of its that IDP processes have become formulaic, as the performance in addressing the needs and priorities voice and needs of citizens expressed through public identified. consultations have not been seen to be reflected Finally, CBM emphasises the relationship in finalised IDPs or in service delivery or land and between citizens and government, as well as the infrastructure development. roles of different spheres of government. With the The CBM method aims to increase participation of Umsobomvu pilot project, as a joint initiative led both communities and provincial sector departments in by the municipality, the Office of the Premier, the the development of municipal IDPs, specifically in the DPME, and provincial departments, building trust prioritisation of projects that are to be reflected in the was an important social accountability objective IDP. Municipal performance against community-identified of the process. Trust building includes enhanced priorities can then be assessed, and ward-level service participation of community members in the IDP improvement plans that respond to the specific needs process, as well as improved municipal collaboration of each ward can also be developed. In 2017, the with provincial sector departments. In terms of CBM method applied to the IDP process was piloted in Arnstein’s (1969) ladder of participation, CBM Umsobomvu Local Municipality, centred on Colesberg, increases the level of public participation from one of in the Pixley Ka Seme District of the Northern Cape. consultation (tokenism) towards a level of partnership The project was implemented with guidance from the and delegated power (citizen power). Northern Cape Office of the Premier and the Provincial The method that emerged from the Umsobomvu Department of Cooperative Government. project can be applied in other municipalities

48 to strengthen public participation in land and infrastructure development, and build the capacity CBM emphasises the relationship between citizens and government, as of citizens to play a role in monitoring service well as the roles of different spheres of government. delivery. The method takes advantage of existing IDP processes and ward structures, and can involve government participation mechanisms can integrate Community Development Workers (CDWs) and CBM principles and tools. DPME will further refine the Community Work Programme (CWP) participants. model in 2018, in collaboration with the Department of The CBM method can also be applied more broadly Cooperative Governance and Traditional Affairs. to service delivery improvement plans and land and infrastructure development decision-making Planning Concordats processes in government departments; by doing so, citizen involvement in the prioritisation of land and The Edinburgh Planning Concordat, first implemented infrastructure development projects, as well as overall in 2013 in the city of Edinburgh, Scotland, is a municipal performance monitoring is strengthened. framework for enabling developers, affected citizens The method is applicable in differing geographic and the city council to work more closely together contexts, including at a metro level with the inherent when a large-scale development is proposed. complexities that cities embody. Affected citizens are represented in the process by However, the method relies on the provincial a community council, which is an elected voluntary sphere of government to lead the process, provide body that represents all residents in a loosely training, and coordinate with municipal leadership. defined local area. The concordat is a memorandum Although this may limit the transferability and impact of understanding and therefore not legally binding, of the method if pursued by municipalities on their but rather defines the relationship between parties own, it could form part of the induction of new in the planning application process; it specifically municipal governments. The citizen-based monitoring aims to increase discussion between developers method is resource intensive, especially as it entails and community councils at the pre-application stage. different phases (planning and monitoring) that For clarity, the concordat process is applicable to should ideally feed into one another. Government both development proposals that are in line with the infrastructure and resources that already exist (e.g. existing land use zoning rights, as well as those that ward committees, CDWs, CWPs) can be utilised to trigger planning departures from existing land use manage the human resource costs, although this will rights. still incur costs, for example catering and transport. The Edinburgh Planning Concordat sets out what Activities that will need to be further costed include is expected from both the public and private sectors community surveys; report production; and any at each stage of the planning application process, in operating costs – these will vary depending on the terms of resources, skills, and processes. For any size of the municipal area and municipal wards. major development there are two stages: the pre- As an element of the project, DPME also provided application stage, and the actual planning application support to the South African Local Government and decision-making stage. In terms of the Planning Association (SALGA) in the design of a series of (Scotland) Act of 2006, any applicant is required knowledge-sharing workshops on how existing local to carry out pre-application consultation as part of

Perspectives from Civil Society on Local Governance in South Africa 49 developmental local government: dream deferred?

a Proposal of Application Notice (PAN) process. councils must ensure that they represent the views The concordat aims to make this consultation more of a diverse range of residents of the area that they meaningful by encouraging discussion between represent. To do this they must organise community developers and community councils during the pre- meetings, and notify citizens via their website, emails, application stage. and leaflets. It recognises that the voluntary nature The concordat outlines the roles of developers, of community councils means that they may need to community councils and the city council in this seek help from the developer in consulting widely with consultation process. Developers are encouraged the community. It must be noted that this procedure to welcome community engagement on proposals, carries the risk of developers and community as community councils feel they then have an councils deciding on who to involve. A Community opportunity to influence the development and can Engagement Fund was also set up in 2013 with make constructive suggestions on improvements. contributions from developers, with grants of up to The concordat stipulates that they should arrange an £300 (approximately R5000) to assist community early meeting with a community council to discuss councils in engaging their communities more widely how the pre-application consultation process will on major development proposals. Community councils happen. Developers are responsible for engaging are not expected to liaise with developers if they are meaningfully with the local community and take all fundamentally opposed to a development. reasonable steps to amend proposals to reflect the The council thus encourages developers views of the community. This engagement can give and community councils to work together at the stronger voice and potential influence to community pre-application stage, and for developers to see councils in development decisions at an early stage communities as an equal development partner. The in the development planning process. The concordat concordat also states that the city council needs suggests that to facilitate consultation, developers to ensure that it assists community councils in should assist community councils with setting up understanding proposals and policy implications websites and distributing leaflets regarding the through providing training, in order to empower consultation process. citizens to engage more meaningfully and have The role of community councils in the concordat some influence on the process. Apart from training, is to represent the views of the community on the council planning officials also assist by preparing proposed development, and for example to raise a pre-application report to the city’s Development concerns of potential impacts on roads, schools Management Sub-committee that outlines which and other infrastructure. Community councils are issues need to be addressed when the application is encouraged to engage positively with developers, submitted. The council must consider if the submitted and to bear in mind that if a proposal is in line with proposal has taken community opinion into account the city’s Development Plan (a strategic planning as one of the material planning considerations when tool similar to a spatial development framework – taking a decision, because the Planning Act stipulates SDF – in the South African context), then it is likely that community councils must be consulted, and it to be approved. If there are still areas of concern, encourages the city council to better acknowledge the developer can engage with these in constructive and respond to citizen views in major development discussion. The concordat stipulates that community proposals. The concordat thus improves the

50 accessibility of planning permissions processes, councils does not exist in South African cities, but as citizens are able to access more information existing ward committees, Municipal Development and get clarity on major development proposals, Forums (MDFs) or community-based organisations and communicate concerns at an early stage of the could serve as community representatives in the permission process prior to application submission. pre-application consultation process. The significantly A planning concordat could be implemented in greater resources possessed by ratepayer’s South African cities and link into existing development associations in middle and high income areas in application permissions processes, which would South Africa, in terms of knowledge of the planning significantly increase the level of community system as well as financial capacity, also mean consultation that currently exists in planning that they have a better chance of engaging cities application processes, where citizens are only in planning and permissions processes. Yet these consulted once a development application has been ratepayers’ associations are seldom representative of submitted. Due to the widespread view that municipal the broader community in the area. For an initiative planning decisions in South African cities do not such as the concordat to find traction in this context, have sufficient transparency or opportunity for input training more representative bodies such as ward (Dentlinger 2016; Theron2016), a planning concordat committees, Municipal Development Forums (MDFs) could aid in addressing these concerns. As such, or community-based organisations, could make a the planning concordat process could be particularly significant difference in addressing some of these useful when development projects trigger planning imbalances. The costs of implementing a planning departures from existing land use zoning rights, as concordat would include the setting up of pre- this is where the greatest scope for improved citizen application discussion sessions as well as funding voice and influence can lie, and is currently the site community-based organisations to conduct broad of greatest concern by planning experts in terms of community engagement on major project proposals. vulnerability to undue influence (National Treasury Additional municipal planning department funding and 2018). human resources would be needed. Similar to the Earlier engagements could improve the CBM method, in terms of Arnstein’s (1969) ladder of effectiveness, efficiency, accountability, transparency participation, a planning concordat increases the level and inclusivity of the development permissions of public participation in development permissions processes; this resonates with the principle of good processes from one of consultation (tokenism) administration in planning decision making, contained towards a level of partnership and delegated power in the Spatial Planning and Land Use Management (citizen power). Act (SPLUMA) of 2013. Planning concordats could also be adapted to the context of smaller, resource-constrained cities, although Community The concordat is a memorandum of understanding and therefore not Engagement Funds, similar to that in Edinburgh, may legally binding, but rather defines the relationship between parties in the only be viable in large cities due to the increased planning application process; it specifically aims to increase discussion administration capacity and funding involved, and the between developers and community councils at the pre-application level of development needed from larger projects to stage. finance such a fund. A direct analogue to community

Perspectives from Civil Society on Local Governance in South Africa 51 developmental local government: dream deferred?

Conclusion beyond the phase of NGO or project support. These The social accountability tools and mechanisms suggestions were made considering the changes surfaced through the InTAcT Project, can, with the in the contextual factors relevant to municipal necessary contextual and institutional support, accountability and transparency since the dawn of strengthen social accountability and integrity in the White Paper, and the various local government, local government practice towards the goal of truly civil-society, and community-led initiatives over time accountable and participatory local government, to provoke or enable improvements in municipal as embodied in the Constitution and the White accountability and transparency and meaningful Paper. This paper has made the case for why citizen engagement with local government land and accountability in land and infrastructure development infrastructure development processes. As part of a decision making processes is vital for driving spatial broader array of social accountability and integrity transformation. tools, citizen-based monitoring in relation to IDPs, as Suggestions have been made as to how the two well as planning concordats, can assist in reclaiming social accountability tools discussed in this paper social accountability as an important element of can be linked into existing municipal mechanisms local government practice in South African cities and and processes in order to facilitate their uptake, towns.

52 references

Afrobarometer (2016) In South Africa, citizens’ trust in president, political institutions drops sharply. http://afrobarometer.org/sites/default/files/publications/Dispatches/ab_r6_dispatchno90_south_africa_trust_in_officials.pdf Arnstein SR (1969) A Ladder Of Citizen Participation. Journal of the American Planning Association, 35(4): 216-224. Chambers D (2018) Foreshore’s fate will be known in February after months of controversy. Sunday Times. 15 January. https://www.timeslive. co.za/news/south-africa/2018-01-15-foreshores-fate-will-be-known-in-february-after-months-of-controversy/ Cornwall A (2008) Unpacking ‘Participation’: models, meanings and practices. Community Development Journal 43(3): 269-283. Dentlinger L (2016) Nod for ‘monster’ high-rise in Bo-kaap. The Cape Argus. 8 June.https://www.iol.co.za/news/south-africa/western-cape/nod-for- monster-high-rise-in-bo-kaap-2031868 Department of Cooperative Governance and Traditional Affairs (DCOGTA) (2016) Integrated Urban Development Framework. http://www.cogta. gov.za/cgta_2016/wp-content/uploads/2016/06/The-Intergrated-Urban-Development-FrameworkIUDF.pdf Human Sciences Research Council (HSRC) (2014) Citizen Engagement: Emerging Issues and Preliminary Proposals Final Briefing Paper. Human Sciences Research Council. Unpublished research report for National Treasury. Lefebvre H (1968) Le Droit à la ville. Paris: Anthropos. National Planning Commission (NPC) (2012) National Development Plan (NDP). National Treasury (Department of Finance) (2018) InTAcT Project Practice Note: Integrity and social accountability in local government land devel- opment permissions. Cities Support Programme. http://www.intact.org.za/knowledge-repository Olver C (2017) How to Steal a City: The battle for Nelson Mandela Bay. Johannesburg: Jonathan Ball. Phadi M and Pearson J (2018) We Are Building a City: The Struggle for Self-Sufficiency in Lephalale Local Municipality. Public Affairs Research Institute. Johannesburg. Republic of South Africa (RSA) (1996) Constitution of the Republic of South Africa. http://www.info.gov.za/documents/constitution/1996/a108-96. pdf Republic of South Africa (RSA) (1998a) Municipal Structures Act. http://www.info.gov.za/view/DownloadFileAction?id=70652 Republic of South Africa (RSA) (1998b) White Paper on Local Government. http://www.info.gov.za/view/DownloadFileAction?id=108131 Republic of South Africa (RSA) (2000) Municipal Systems Act (MSA), Republic of South Africa. http://www.info.gov.za/view/ DownloadFileAction?id=68199 Republic of South Africa (RSA) (2003) Public Access to Information Act (PAIA). http://www.justice.gov.za/legislation/acts/2000-002.pdf Republic of South Africa (RSA) (2003) Municipal Finance Management Act (MFMA), Republic of South Africa. http://mfma.treasury.gov.za/Legisla- tion/lgmfma/Pages/default.aspx Smith T (2004) The potential for participatory budgeting in South Africa: A case study of the “People’s Budget” in eThekwini Municipality. Centre for Civil Society (CSS), UKZN. Grant Report. Smith T and de Visser J (2009) Are ward committees working? Insights from six case studies. Community Law Centre (University of the Western Cape). Storey A (2014) Making Experience Legible: Spaces of Participation and the Construction of Knowledge in Khayelitsha, Politikon 41(3): 403-420. Theron, FP (2016) The Urban Anthropocene: ‘The case of urban encroachment upon the Philippi Horticultural Area, Cape Town’. Mini-thesis presented in partial fulfilment of the requirements for the degree: Master in Urban and Regional Planning in the Faculty ofArts and Social Sciences at Stellenbosch University.

Perspectives from Civil Society on Local Governance in South Africa 53 Local Democratic space in informal settlements

Maanda Makwarela and Tiffany Ebrahim - Socio-Economic Rights Institute of South Africa

The Upgrading of Informal Settlements Programme (UISP), set out in Part 3 of the National Housing Code, was introduced in 2004 as a way to address the needs of people living informal settlements through improving the process of informal settlement upgrading in South Africa. The UISP is premised on ‘extensive and active community participation’. Municipalities are mandated under the UISP to lead and drive informal settlement upgrading with meaningful community participation, a process which must include the input of vulnerable groups and key stakeholders, as facilitated by ward committees (SERIaforthcoming).

Informal settlements have existed in South Africa between 2.9 and 3.6 million people lived in informal for decades. Many people travel from rural areas to settlements in South Africa.1 However, given the find accommodation that is closely located to work tenure arrangements in informal settlements and opportunities and fail to access formal housing, the fluidity of residence, the number is likely to ending up in informal settlements (Hunter and be significantly higher (SERI and ICESCR 2018). Posel 2012: 290). The United Nations (UN) Special Informal settlements generally lack infrastructure Rapporteur on Adequate Housing defines informal and access to basic services such as water and settlements as ‘residential areas where inhabitants sanitation, and the dwellings in which residents live have no formal ownership or lease agreement vis- often do not comply with formal planning and building à-vis the land and/or dwellings they inhabit’ (UN regulations (SERI and ICESCR 2018). The precarious Rapporteur 2018). In 2011 it was estimated that conditions in these settlements pose risks to the

54 Perspectives from Civil Society on Local Governance in South Africa health, safety, and security of the people who call them home. This paper uses the experiences of two informal settlements: Marikana Ward councillors play an important role in the informal settlement in Philippi, the Western Cape, and Siyanda informal implementation of the UISP as they assist in securing settlement in KwaMashu, KwaZulu-Natal, to examine how local funding for upgrading, and facilitate community communities engage with formal community engagement channels to participation throughout the process of service access basic services, avoid eviction, and secure tenure. delivery. This paper uses the experiences of two informal research aimed to document the individual and group settlements: Marikana informal settlement in Philippi, recollections of settlement histories, perceptions of the Western Cape, and Siyanda informal settlement community mobilising, and actions taken against in KwaMashu, KwaZulu-Natal, to examine how evictions and to discern, to the extent possible, local communities engage with formal community layers of power and contestation that inform the engagement channels to access basic services, complex terrain which residents of informal settlement avoid eviction, and secure tenure. The first part of the residents navigate in the private and public spheres. paper will introduce the experiences of the citizens engaging in local democratic spaces in informal Citizen engagement in settlements and the second part will discuss the the informal settlement context interaction between formal and informal structures and mechanisms. This analysis will examine how Informal settlements are ‘symbolically constituted community participation impacts the community itself as spaces of crime, spaces of anomalous, polluting, and/or the stated goals of community members. The and dangerous qualities’ (Caldiera 2000:79). They paper will also assess how the residents of these are commonly viewed as criminalised spaces which settlements engage with the state to assert their translates to their residents being viewed as marginal, rights by examining the complexities of interactions and suffering endless prejudices (Meth 2017: 240). within the settlements and how politics is articulated The rhetoric around informal settlements has long in various arenas. been focused on the ‘eradication’ of the slums with a focus on eviction, criminalising land invasion, Methodology and encouraging security measures to prevent The paper relies on research conducted as part of the formation of new settlements (Huchzermeyer the Socio-Economic Rights Institute (SERI)’s Informal forthcoming). Authorities have traditionally been Settlement Action Research series titled, ‘Informal resistant to recognise the residents of informal Settlements in South Africa: Norms, Practices and settlements and invest in developing informal Agency’2, which was conducted in the Ratanang, settlements because they fear that investment Marikana and Siyanda informal settlements in 2016 will be perceived as a recognition of occupancy and 2017. The qualitative studies were conducted rights and serve as a tacit endorsement of informal using semi-structured interviews framed around the settlements (Fox 2014). The criminalisation of themes of tenure security, basic services, sustainable informal settlements is diametrically opposed to the livelihoods, and political space. Using a ‘bottom-up’ recognition of informal governance structures as lens, derived directly from the voices of residents, the these settlements are perceived to exist because

Perspectives from Civil Society on Local Governance in South Africa 55 developmental local government: dream deferred?

of unlawful occupation. Consequently, the informal are created from ‘above’ rather than from ‘below’. In local structures that represent the interest of the the two informal settlements discussed in this paper, criminalised occupiers often strive for recognition in politics is articulated through both formal (invited) the formal democratic system. channels, such as ward participation, and in informal Informal governance structures have developed (invented) channels which include a combination in informal settlement settings to accommodate of making demands, compromise, protest and the needs of individuals in these communities for resistance. administrative order and recognition from formal bodies such as municipalities. These structures Community participation in informal settlements serve the dual purpose of representing the interests of individuals and communities and of promoting Community participation in informal settlements is community participation, and, by extension, often encouraged by a failure of the state to provide expressions of citizenship. Citizenship, in this context, for residents’ basic physical needs in the form of refers to the notion of citizenship as participation, housing and infrastructure, and to facilitate the where individuals are active in the political arena and building of social relations that empower local citizens act as agents (Lister 1998: 228). Effective community (Zonke and Matsiliza 2015). participation allows community members to become Manzo and Perkins (2006) foreground the role active participants in the development process, of ‘place attachment’ to community participation and where they are able to articulate their needs, identify planning, by recognising that people are embedded in obstacles, develop plans, and in some cases, aid in a physical context that shapes the nature of people’s implementation (Davids 2005:12). This participation in relationships to one another and to place. This decision-making ideally facilitates a relationship and approach considers how space acquires meaning, synergy between marginalised communities and the and people’s bonds with their environments impact state, to jointly improve and influence systems and their engagement with and desire to maintain, processes through which basic services are delivered improve, or remain in those places (Manzo and (Naidoo 2017). Perkins 2006: 337). Place attachment, webs of ‘Invented’ spaces of citizenship, are spaces social relations, and representative committee ‘occupied by the collective actions of the poor that structures shape community participation in informal directly confront authorities and challenge the status settlements. quo’ (Mottiar and Bond 2014). Conversely, the ‘invited’ Marikana Informal Settlement space of citizenship is legitimised by outside actors, such as government, who delineate the ways in Marikana informal settlement in Philippi, Cape Town which engagement and participation will be accepted is comprised of three smaller informal settlements, (Miraftab 2006: 195). Community participation in namely Marikana I, Marikana II, and Rolihlahla which informal settlements is often born in invited spaces. are all located on private property. The settlement The ward councillor and committee system are was first established in 2012 with the vast majority of spaces to which residents of informal settlements households settling there in 2014. In 2015, Marikana are regularly invited for a specific purpose but are consisted of 32 000 households, had grown to more not defined by residents themselves; these spaces than 60 000 people in a period of less than five years,

56 and continued to grow as the SERI research was remained in the settlement; this has also resulted in a being conducted.3 Marikana does not have access formal division of community networks. to formal electricity and has a ratio of approximately Siyanda informal settlement was founded with 40-60 people per chemical latrine (which line the the express intention to create an Inkatha Freedom road servitudes) and 400-600 people per communal Party (IFP) support base in opposition to the United tap stand. Porta-portas4 are delivered to a central Democratic Front (UDF) and African National location and collected, emptied and cleaned three Congress (ANC) supporters living in the area. All times a week. Residents have erratic and inadequate incoming residents were asked to pledge allegiance municipal refuse collection and have devised their to the IFP, including attending regular political own waste management systems. meetings. The majority of residents settled in Siyanda The formation of Marikana was not organised in from rural areas before and after 1994. Populating the any particular way; residents converged on the area area with residents who were aware of the political as a result of high rents, high unemployment, and the objective of forming the settlement and who had a availability of space. The settlement is comprised of a shared history of migrating from a rural area created wide variety of individuals from various backgrounds a unique group of residents. In interviews, some with a high number of residents renting dwellings residents stated that being raised in a rural context for short periods of time. Few of the people that first helped them to understand the importance of a highly settled there in 2012 still live there today. regulated environment.

Siyanda Informal Settlement Findings Siyanda informal settlement in KwaMashu, Durban The residents of Marikana and Siyanda used various was established in 1988 and has an estimated methods to expand their political space, including population of 13 393 residents in 2011. Many of the organisation, participation, negotiation, and protest. first people who moved to Siyanda in the late 1980s still live in the settlement today with their families that Organisation have expanded over three generations. Siyanda is separated into Sections A, B, and C. Each of the sections of the Marikana informal In 2000, Siyanda was included in a road development settlement are separate territories led by their plan for the Dumisani Makhaya Drive and state- own committees. The adoption of organisational subsidised housing projects. Between 2006 and 2008, structures like street committees is common Section B and C residents were relocated to Mount throughout townships (Adler 1994: 103), however, Moriah and Lendelani, respectively. 64 households in this instance, Marikana formed three separate were relocated from Section C to Richmond committees. Marikana I and Rolihlahla are organised Farm Transit Camp. As Section A has received under two executive committee structures, while Reconstruction and Development Programme

(RDP) housing, the study focused only on Sections The residents of Marikana and Siyanda used various methods to expand B and C. The physical division of the settlements their political space, including organisation, participation, negotiation, manifested as deep social divisions in the community and protest. between residents who were relocated and those who

Perspectives from Civil Society on Local Governance in South Africa 57 developmental local government: dream deferred?

Marikana II, the largest section, uses an executive transparent and democratic processes. The majority committee and block committees. The three of Siyanda residents supported the decision to join committees operate independently from each other.5 AbM to form a strategic partnership to strengthen Each committee operated under its own rules and the settlement’s internal organisation in order to policies regarding land management, incoming better challenge the eThekwini municipality on its residents, the construction of new shacks, and neglect of Siyanda’s housing and basic services access to the settlement. Despite these differences, needs. Joining AbM also meant joining a larger the committee’s primary responsibility was to secure national movement, and many residents felt that their tenure by protecting the settlement from forced membership in a larger organisation would help evictions and to facilitate access to basic services their claims to legitimacy. As the mandate of area (SERIb 2018). The committees also have similar committees is to take community-expressed issues election processes which consist of leaders being forward to local government, the AbM branch nominated, accepting their positions and agreeing to committee works closely with ward councillors and uphold their responsibilities, accepting responsibility ward committee structures. for convening regular public meetings, and committing to engaging external stakeholders (Teo 2015). Gaining recognition In contrast, Siyanda was originally organised Residents in Marikana struggled to gain recognition under committee structures that were based on through negotiation and participation, but were both traditional leadership styles carried over from able to occupy informal participatory channels by rural areas and political leadership styles from mobilising to impact claim recognition and assert the influence of the Inkatha Freedom Party (IFP). their legitimacy. Residents engaged their ward More recently, community organisation in Siyanda councillor, the City of Cape Town, Parliament, and has shifted from a top-down structure to a more the legislature in writing, through marches, and representative committee structure. As a local branch protests in Philippi East and Cape Town’s Central committee of Abahlali baseMjondolo (AbM) since Business District (SERIb 2018). The committee 2009, committee leadership in Siyanda comprises of attempted to engage with these external figures a chairperson, deputy chairperson, secretary, deputy on behalf of the thousands of residents living in secretary, treasurer, coordinator, deputy coordinator, Marikana with no access to basic services and who and four additional members (SERIc 2018). This faced immense opposition in gaining recognition committee is nominated and elected by residents and from the state because the first ward councillor to serves a limited term. whom they appealed refused to recognise them as The format of Siyanda’s leadership structure anything other than ‘land invaders’. Even though the is prescribed by AbM to all of its local branch residents had organised and mobilised to be able committees and therefore superseded Siyanda’s to engage external stakeholders on the issues of former committee structure. Before joining AbM, access to basic services, the councillor was able to Siyanda’s committee featured a chairperson and a ignore them as they did not exist within any formal handful of residents loosely appointed as committee space in which he felt obligated to engage. members by the chairperson. Many Siyanda residents The following ward councillor accepted them felt that self-appointed leadership committees lacked as a part of Ward 35 and did not use residents’

58 occupation of privately-owned land as an excuse meetings were closely controlled using a ticketing to refuse to engage with them. The new councillor system, and residents were told not to share the had previously worked with local leaders in the area details of the meeting with anyone. Committee prior to being sworn in for a five-year term in August members who expressed dissatisfaction about the 2016. He attributed the crime and violence in the lack of consideration for the existing committee and informal settlement to divisions in leadership and the lack of consultation relating to the development worked to unite the various committees in his ward. plans and implementation strategies were ignored. He promoted a narrative of collaboration and working Circumventing the committee ultimately towards a common goal and prioritised working with disadvantaged residents who were relocated under committee members from the settlement as partners conditions to which they did not agree. Those slated to gain improved access to services, starting with to be relocated had agreed to move to fully serviced temporary electricity. Residents of Marikana and RDP housing near Siyanda and were assured by the surrounding informal settlements actively supported mayor and other municipal officials that their living this councillor being elected as he was viewed as a conditions would vastly improve after the relocation uniting force. (SERIc 2018). Municipal authorities never explained The new ward councillor also included Marikana to residents where they would be relocated or in the Ward Development Forum, or Philippi Business how the decisions on where each household was District, which authorised and monitored development to be moved would be made. After the relocation, projects in the Philippi area. The Forum operated residents relocated from Section B to Khulula out of the councillor’s office and consisted of complained of a lack of proper services, including representatives from street committees throughout lack of access to water for the entire first year, and a Ward 35. Participation in the Forum provided lack of electricity for months. According to residents, residents of Marikana with employment opportunities their concerns were dismissed by the municipality. through waste collection and cleaning services in the Siyanda residents view local government settlements and encouraged Marikana’s committee engagement with the AbM local committee as an structures to work together. effective way to gain access to services. In 2012, Unlike the early experience of Marikana’s the residents of 64 households in Richmond Farm committees, community participation in Siyanda was Transit Camp won court proceedings which led to an often articulated by the representative committees order for the Mayor of eThekwini, the City Manager, working closely with the ward councillor and ward and the Director of Housing to take all the necessary committee. In early engagement with the ward steps to provide permanent housing to the families, councillor, committee members were purposefully which included forming a task team of which the AbM excluded from any discussions relating to the local branch was part. After nearly two decades of relocations because of the construction of the no state support, the municipality provided sanitation Dumisani Makay Drive project in 1998. The committee facilities to the settlement and began installing members felt that the municipality was purposefully electricity connections, communal ablution blocks creating divisions in the community by only inviting and collecting refuse from the settlement in 2017. residents who were expected to be relocated to Most of the respondents SERI interviewed attributed meetings to discuss the relocation to a new site. The the settlement receiving electricity to AbM’s

Perspectives from Civil Society on Local Governance in South Africa 59 developmental local government: dream deferred?

presence and work in ward committee meetings. increase community participation in the provision Their recognition by formal structures allowed them of services and housing. As a large, organised to be effective and to gain the trust of the residents of organisation, AbM was able to draw the attention of Siyanda. the Mayoral Executive Committee (MEC) of Human Settlements of eThekwini in 2009 and to become a Competing Committees part of a task team to upgrade Siyanda in situ which Community participation in informal settlements is resulted in the installation of ablution facilities in inherently complicated because street committees 2010. AbM’s strategies and tactics rely heavily on invent their local democratic spaces, and multiple community engagement in lieu of violence. While committees can emerge at the same time, claiming relatively smaller than Marikana, Siyanda, at 13,393 to represent the same groups of people. The three residents in 2011, was organised under a fairly sections of Marikana are represented by three unitary voice under AbM, so much so, that it is often committees which represent the interests of the accused of being more akin to a political party than majority of its 60,000 residents. Each committee area committee. operates using its own strategies and tactics, Sense of Community especially regarding their approaches to the ward councillor and the use of violence in protest. The In both Siyanda and Marikana, residents expressed Marikana II committee, in particular, was seen by their citizenship as members of the communities in the other two committees as condoning the use of which they lived. In each settlement, residents are violence while the others relied on disruption. In bound together either by a shared history or by a addition, the ward councillor’s refusal to engage with shared goal. the committees caused internal tension and prompted Siyanda informal settlement was established as the leadership to fracture and establish themselves as a stronghold for the IFP in 1988. By 1996, political ‘new leaders in new areas’ (SERIb 2018). Inevitably, affiliation was no longer the primary claim to the varied interests and tactics led to the formation of land on which the settlement was built, nor was it various committees. a criterion for granting access to new residents. In Siyanda, one AbM committee ostensibly The original residents had a shared identity as reflects the interests of the majority of residents, supporters of the same political party and have especially those remaining at the original settlement developed a sense of community by virtue of site. Since 2009, AbM has been working to improve having occupied the same space for generations. resident access to basic services, sanitation, and This strong sense of community likely influenced tenure security by building close relationships Siyanda’s ability to reach consensus under one between residents and government officials to committee. In contrast, the majority of residents who

Even without the common history and the bonds of time that usually settled in Marikana did not know anyone in the create a shared identity as was the case in Siyanda, residents in settlement before they arrived. There was no formal Marikana saw themselves as united in the defence of their land mobilisation attempt, but a common interest that occupation and their claim to remain on the land. brought various groups of people with overlapping identities and interests together in this one place

60 (Teo 2015). In addition to coming from various townships and locations around Cape Town, this As mediating bodies between community needs and municipal loose settling process meant that few residents responsibilities to improve access to service delivery in informal had strong ties with their committee members; settlements, responsive and accountable ward councillors assist in this created internal challenges to legitimacy as improving productive channels of communication between citizens and committee members did not have a history of past the state (SERIa forthcoming) work on which to base their legitimacy, and many residents could not identify their committee members as it relies on the ability or willingness of ward by name (Teo 2015: 120). Despite the lack of ties to councillors to meaningfully engage with communities. committee members, the residents still felt a strong In Siyanda, committees and ward councillors sense of community as residents of Marikana. failed to engage meaningfully, either within or Even without the common history and the bonds outside of formal channels, specifically because of time that usually create a shared identity as was the ward councillor was not willing to recognise the the case in Siyanda, residents in Marikana saw local committee during the Dumisani Makay Drive themselves as united in the defence of their land project. The ward councillor eschewed working with occupation and their claim to remain on the land. organised representatives, side-lined the committees, Their shared circumstances and similar experiences and engaged with residents directly. By purposefully created a strong sense of belonging and identity as excluding the committee from community meetings residents of Marikana, and the continued struggle to at which pertinent decisions were being made and secure their homes, and for access to basic services, information was being shared, the ward councillor strengthened their relationship with other people in encouraged residents to bypass the committee the settlement and the overall sense of place. structure, reclaimed the invented spaces created through committees, and invited residents to engage Discussion for his own purpose, in this case, the promise of Community participation in housing. The community’s exclusion weakened the relation to committees and ward position of the committee and of individuals who had councillors. received services from the municipality with which Ward Committees are expected to facilitate they were not satisfied. Siyanda’s committee became community participation by promoting and ensuring a local branch of AbM with the specific intent of the inclusion of key stakeholders in the settlement forging stronger relationships with local government. upgrading process (UISP 2009: 14). As mediating Committee members value their relationship with bodies between community needs and municipal ward councillors because they are seen as the most responsibilities to improve access to service delivery accessible level of government, as a way to bridge in informal settlements, responsive and accountable the gap between the government and poor people, ward councillors assist in improving productive and ultimately achieve settlement upgrading. channels of communication between citizens and the By fracturing the voice of the community and state (SERIa forthcoming)6.The UISP requires ward by failing to encourage local politics to play out, the councillors to encourage community participation, ward councillor inadvertently, or advertently, delayed which can facilitate or retard the upgrading process the process of upgrading as parties were not able

Perspectives from Civil Society on Local Governance in South Africa 61 developmental local government: dream deferred?

to agree on a way forward. This negotiation could In addition, rival committees with competing have been facilitated by engaging with, instead interests often develop in settlements as a result of side-lining, local committees. In Marikana, the of differing opinions on tactics and strategies, municipality actively worked to delegitimise the complicating the role of the ward councillor, even committees as a voice to which authorities would where the will to engage committees exists. Ward listen and challenged their ability to express the councillors are faced with the challenge of weighing preferences of the community as a unified entity. The different perspectives and interests. In Siyanda, election of a new councillor has meant a dramatic membership of AbM was key to recognition; shift in approach towards committees, encouraged any committee acting outside of the group was community participation, and improved the likelihood disregarded. In Marikana, one settlement is of development. represented by three clear committees as well as Ward councillors may exclude committees any smaller representatives that may fragment from because they view community participation through those. The decision to engage with one committee committees as a challenge to their authority. In over another could easily be viewed as a slight by Siyanda, residents believed that ward councillors another, which complicates the picture. Interestingly, viewed the strength of committees as a political the new ward councillor in Marikana has utilised a threat and showed a clear preference to groups that tactic of uniting committees to ensure that they are presented less of a threat. While they continued to representing the interests of the community. This engage the municipalities, AbM also had to rely on tactic is welcomed by residents and seems to be litigation to force the municipality to fulfil its promise having a positive impact on community participation to relocate 64 households from a transit camp in and development overall. Richmond Farm to top-structure housing. In Marikana, The experiences in Marikana and Siyanda the ward councillor used the fact that there was no illustrate the fact that, ultimately, committees and single voice speaking for the settlement to refuse to communities in informal settlements can only engage, requiring the committees to unite under one express their citizenship as far as ward councillors committee before he would recognise them. In both are willing to recognise the invented spaces they cases, the community members were vulnerable to create. In both settlements, committees continued marginalisation and exclusion from local democratic to engage with ward councillors, regardless of the space, even though ward councillors should engage ways in which councillors viewed or treated them with residents of the ward and act in their interests. because they recognised the importance of access to The inability of ward councillors to separate their local democratic governance structures. Community roles as political actors and as development participation in upgrading, in terms of the UISP is facilitators constrained progress and participation. largely determined by the openness and capacity of an individual councillor. Consequently, committees The experiences in Marikana and Siyanda illustrate the fact that, are limited in their effectiveness outside of their ultimately, committees and communities in informal settlements can invented spaces unless a ward councillor is willing only express their citizenship as far as ward councillors are willing to to invite them to engage in the formal upgrading recognise the invented spaces they create. process. Where a ward councillor is ineffective or unwilling, provincial government can prioritise top

62 structure housing over in situ upgrading, essentially eliminating community participation. The extent to which ward councillors, as local government actors, are proactively engaged with informal settlement residents around their The perception of party politics in needs and challenges forms a crucial component to building a solid local democratic space foundation from which to launch the implementation of the UISP. The perception of party politics played a significant role in the ways that residents in both settlements on votes to maintain influence. Residents fear the related to each other and to ward councillors. In ability of party politics to derail informal settlement both Siyanda and Marikana, party affiliation was development because they feel that ward councillors, blamed for lack of recognition and progress. Party as political deployees, must be loyal to the interests membership was seen as a way to ensure service of their political party. delivery that, in some cases, was perceived as being Whether the ward councillors are influenced more impactful than engaging through committees. by party allegiance is largely inconsequential as Political divisions have been a part of the long as residents believed that the councillors are history of Siyanda since its establishment. While ‘playing politics’. As ward councillors are viewed as membership in the IFP is no longer a requirement the gatekeepers to the provision of basic services for residency, the traditional anti-ANC and pro-IFP in informal settlements, even the perception of party rhetoric continues to exist. In the early 2000s, during bias is enough to influence the way community the relocation process, residents who expected participation plays out. to be relocated expressed frustration that their needs were not being taken into account when the Conclusion municipality moved residents from another settlement ‘The nitty-gritty of informal settlement upgrading to a relocation site called Khulula. The residents of and bottom-up participatory planning is where a Siyanda felt that the ward councillor disregarded them programme or project is won or lost’ (SERId, 2012: for that project because the Siyanda residents were 42). The UISP places communities at the centre of seen as being pro-IFP; they claimed the houses in their own development programmes insofar as their Khulula were given to ANC volunteers. In 2014, when local practices and needs shape the agenda and electricity was installed, a ward committee member sequence of municipal interventions. The extent to explained that the decision around electrifying which ward councillors, as local government actors, Siyanda became political, where parties aligned with are proactively engaged with informal settlement the DA and the IFP voted to oppose electrification residents around their needs and challenges forms a because it was supported by the ANC. Committee crucial component to building a solid foundation from members fear that Siyanda has not been developed which to launch the implementation of the UISP. as quickly as surrounding areas because it is viewed Ward councillors play a significant role in as an IFP ward that votes against the ANC, and whether communities in informal settlements are able they believe that ward councillors practice ‘party to access basic services. For the residents of informal preference or punishment’. settlements, ward councillors are the gatekeepers to Residents in Marikana also feel that ward in situ upgrading and eventual tenure security. A ward councillors are political creatures because they rely councillor’s term can mean half a decade of progress

Perspectives from Civil Society on Local Governance in South Africa 63 developmental local government: dream deferred?

or frustration for residents of an informal settlement. Informal settlements are often made up of thousands A single five-year term is not long enough to fully and tens of thousands of people whose only shared implement a long-term in situ upgrade, and changes characteristic is their attachment to the space they in ward councillors can easily frustrate progress if one share and the desire for improved living conditions. newly elected to the position is not willing or able to Ward councillors must recognise the role committees maintain the momentum built by their predecessor. play within the complex political structures that Successful community participation is more likely develop within informal settlements in order to where the good work done by one ward councillor is not ensure that residents are able to access channels to undone the moment an official is replaced at the end development. of their term. Consequently, ward councillors should In situ upgrading is a long-term project that be strongly supported in their work and encouraged requires commitment from local governments to take to continue inherited successful projects, and they incremental (and often iterative) steps to holistically must also be capacitated to effectively engage with the implement the UISP and improve the living conditions communities whose interests they represent. in informal settlements through local community In addition, committees must be recognised for participation processes and structures. This process their ability to facilitate consensus in the community requires strong local government and community and to enable meaningful engagement between local engagement, which involves the strengthening of government and residents of informal settlements. existing links and relationships that are productive.

references

Caldeira T (2000) City of Walls: Crime, Segregation, and Citizenship in São Paolo. California: University of California Press. Cornwall A (2002) Making spaces, changing places: situating participation in development. Working paper series, 170. Brighton: IDS. Davids I (2005) Voices from below-Reflecting on ten years of public participation: The case of local government in the Western Cape Province. Cape Town:Foundation for Contemporary Research. Fox S (2014) The Political Economy of Slums: Theory and Evidence from Sub-Saharan Africa. World Development, Elsevier, vol. 54(C):191-203. Huchzermeyer M (forthcoming) ‘Slum’ Upgrading and ‘Slum’ Eradication under MDG Seven Target Eleven. In Langford M, Sumner A and Yamin A (eds.) Millennium Development Goals and Rights: Past, Present and Future. Full book manuscript under review by Cambridge University Press. Hunter M & Posel D (2012) Here to work: the socioeconomic characteristics of informal dwellers in post-apartheid South Africa. Environment & Urbanisation, 24(1): 290. Lister R (1998) Citizen in Action: Citizenship and Community Development in Northern Ireland Context. Community Development Journal 33.3: 226–35. Meth P (2017) Informal Housing, Gender, Crime and Violence: The Role of Design in Urban South Africa. The British Journal of Criminology, 57, 2:240-241. Miraftab F (2006) Feminist Praxis, Citizenship and Informal Politics: Reflections on SouthAfrica’s Anti-eviction Campaigns. International Feminist Journal of Politics, 8:2, 194-218. Manzo LC and Perkins DD(2006) Finding Common Ground: The Importance of Place Attachment to Community Participation and Planning. Journal of Planning Literature, 20, (4): 335-350. Mottiar S and Bond P (2014) Social Protest in South Africa. Centre for Civil Society, University of KwaZulu-Natal. Naidoo C (2017) A framework for optimising public participation for effective municipal service delivery. University of South Africa, Doctor of Business Leadership (DBL). SERI(a) Ebrahim T and Mdabe L (forthcoming), Informal Settlement Upgrading in South Africa: Laws, Policies and Funding, South African Journal of Human Rights.

64 SERI(b) (forthcoming, 2018) Our Land to Keep: Marikana Informal Settlement, Informal Settlements in South Africa: Norms, Practice and Agency, Socio-Economic Rights Institute. SERI(c) (forthcoming, 2018) Left Behind:Siyanda Informal Settlement, Informal Settlements in South Africa: Norms, Practice and Agency, Socio-Economic Rights Institute. Socio-Economic Rights Institute of South Africa (SERI) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)(2018) Informal Settlements and Human Rights in South Africa.Submission to the United Nations Special Rapporteur on Adequate Housing as a Compo- nent of the Right to an Adequate Standard of Living, 5.www.seri-sa.org/images/Informal-Settlements--Human-Rights-22-May-2018.pdf. SERI (d) Tissington K (2012) Informal Settlement Upgrading in South Africa: Linkages to Livelihood Creation, Informal Sector Development and Economic Opportunity Generation Socio-Economic Rights Institute. Teo R (2015) The Organisation of a Land Occupation: A Case Study of Marikana, Cape Town. MA thesis, University of Cape Town. United Nations (UN) Special Rapporteur on Adequate Housing as a Component of the Right to an Adequate Standard of Living, and on the Right to Non-discrimination, (2018) Questionnaire: Informal Settlements and Human Rights, Naciones Unidas Derechos Humanos Procedimientos Especiales: 1. www.ohchr.org/Documents/Issues/Housing/InformalSettlements/Questionnaireinformalsettlements_EN.pdf. Zonke N and Matsiliza N(2015) Community Participation in Housing Development Trends: A Selected Case of Khayelitsha Township, Cape Town, South Africa. Africa Insight, 45 (2): 86-100.

NOTES

1 These figures are based on conservative estimates from 2011 and are therefore likely to be under representative. See Mark Napier, ‘Government Policies and Programmes to Enhance Access to Housing: Experience from South Africa’, a paper delivered at the Bank of Namibia Annual Symposium in Windhoek (29September 2011); and Studies in Poverty and Inequality Institute (SPII), Monitoring the Right of Access to Adequate Housing in South Africa, SPII Working Paper No 16 (September 2017), p. 33, available at:www.spii.org.za/wp-content/ uploads/2018/02/Right-to-Housing_2017.pdf. 2 The full SERI ISAR series will be available in August 2018. 3 This estimate is based on the figures presented by the City and the property owners during litigation. See the occupiers’ heads of argument in Fischer v Unlawful Occupiers, Erf 150, Philippi and Others; Stock and Others v Persons Unlawfully Occupying Erven 145, 152, 156, 418, 3107, Philippi and Portion 0 Farm 597, Cape Rd and Others; Copper Moon Trading 203 (Pty) Ltd v Unlawful Occupiers, Remainder of Erf 149, Philippi, Western Cape High Court, Case No. 9443/2014 and 11705/2015 (Fischer eviction application), para. 18. Others have estimated that the settlement could include up to 44 000 people. See, for example, Ground Up Staff, “Does Marikana really have 60,000 people?”, Ground Up (1 September 2017): https://www.groundup.org.za/article/does-marikana-really-have-60000-people/. 4 “Porta-portas” or portable flush toilets (PFTs)comprise of a toilet seat and a detachable 21-litre container. Pressing on a lever below the seat flushes the waste into the sealed container, which intends to reduce odour and provide daily storage.(SERIb). 5 The three structures were formed at different points in time. The Rolihlahla Park committee was introduced in August 2014 in response to an eviction operation and became permanent when they engaged the city council for service delivery in June 2015. Marikana II began to utilise task teams in April 2015. See Teo R (2015) The Organisation of a Land Occupation: A Case Study of Marikana, Cape Town. MA thesis, University of Cape Town: 98 6 This SERI article is forthcoming in the South African Journal of Human Rights.

Perspectives from Civil Society on Local Governance in South Africa 65 LOCAL GOVERNMENT’S RESPONSE TO 10 YEARS OF SUSTAINED ACTIVISM

Dalli Weyers and Khadija Bawa - Social Justice Coalition

The Cape Town drought and the possibility of Day Zero - the day the majority of taps could/will run dry in the City of Cape Town – means that all residents across the city can no longer take water and sanitation for granted. These events have put water and sanitation, and access to water and sanitation on the agenda and have afforded communities greater insight into how inequitable access to water and sanitation is, and how water use levels differ across communities.

The data on water use across Cape Town (City of to water and sanitation have long been a barometer Cape Town 2018), made available for the first time, of the state of local government. reveals, unsurprisingly, that residents in informal The apartheid government ignored the voices settlements are using much less water than residents of the black majority and seldom entertained in formal housing. criticism. Although progress has been made in the This difference is because people in informal first 24 years of democracy, the consensus is that settlements across the City of Cape Town have more work, with greater urgency, is required. Many already been living through and continue to live of the fora for public participation around policy, through Day Zero – they are collecting water from legislation and budgetary allocation are still shared communal taps and they are largely reliant on incapable of meaningfully engaging with the most non-flush sanitation. marginalised. The result of this is diminished policy Under the shadow of Day Zero, poor access formulation, ineffective legislation and poor service to dignified and safe sanitation and water services delivery, which is evident in local government’s persists. Access, or more precisely a lack of access unwillingness to engage and be responsive to

66 Perspectives from Civil Society on Local Governance in South Africa the sanitation challenges communities are and education. Founded in the same year as partner confronting. organisation Equal Education (EE), and with ties This case study aims to reveal these to the Treatment Action Campaign (TAC) the SJC shortcomings of local government by pointing to similarly emerged as a membership-based social campaigns aimed at addressing them over the last movement enlisting similar tactics and advocacy decade. Additional insight is given on how local strategies to those developed by TAC and furthered government has responded and how these campaigns by EE. have shifted, intensified or have been resolved over While organising was, and is, often messy and time. unpredictable, the organisation challenged power from the outset, with committed leadership and History of the Social Justice purposeful and sustained advocacy. This situation is Coalition (SJC) possible because, as a grassroots, community-based The SJC emerged in 2008 from a coalition of organisation, SJC works closely with and is mandated progressive civil society organisations, based in part by community members. The campaigns over the last in Cape Town, that jointly responded to a wave of decade have forced the political agenda of poor and xenophobic violence that had erupted in informal working-class people into spaces of power. settlements across South Africa and that had left over 60 people dead. Taking guidance from Having supported and assisted those displaced impacted members by the violence and after the violence had subsided, on failures of local the loose coalition of organisations took time to government to deliver services reflect on the socio-economic drivers that might have contributed to the violence. In engaging with residents SJC members, residents of informal settlements in in informal settlements in Khayelitsha (the community Cape Town, immediately highlighted a lack of safety in Cape Town most impacted), poverty, high-density, as a major issue that impacted their daily lives. informality, poor basic service delivery and the Importantly, members highlighted how inadequate consequent contestation over limited resources delivery of basic services to informal settlements, and were identified as key contributing factors. The of sanitation in particular, contributed to the erosion voices in the room conceded that the organisations of their right to life, to dignity, to equality, safety and they represented in the coalition weren’t directly bodily integrity. Testimonies emerged of residents addressing these challenges at a local government who had been assaulted, raped, or whose family level. As a result, the SJC emerged from the coalition members had been murdered while making use of as a social movement aimed at fighting spatial either shared communal flush toilets, ‘temporary’ inequality, challenging state resource inequity, chemical toilets (outside of the home) or clearings and building real power in poor and working-class to relieve themselves – these experiences persist. areas. On 2 March 2016, Sinoxolo Mafevuka’s body was The SJC achieves the objectives listed above found naked in a communal flush toilet on the edge by employing a variety of tactics including advocacy, of Town Two in Khayelitsha. The communal toilet was litigation, negotiation, public protest, branch building located about 100 metres away from where Sinoxolo

Perspectives from Civil Society on Local Governance in South Africa 67 developmental local government: dream deferred?

lived. Residents believed she was dragged there after The National Water Act (Act no. 36 of 1998) having been strangled. recognises ‘that while water is a natural resource that The drivers of violence in communities are belongs to all people, the discriminatory laws and complex and varied and require a comprehensive practices of the past have prevented equal access to response addressing these multiple sources of risk. water, and use of water resources’. Drawing on the Over the last few years, development and human preamble to the Constitution, the Act lists, as one of it rights organisations have highlighted how the purposes, the need to redress this racial and gender absence of adequate local sanitation facilities have discrimination, in law and practice, of the past. contributed to the likelihood of physical or sexual The Strategic Framework for Water (2003) lists assault against women and children, where travel to the requirements of what basic sanitation constitutes. and from toilets renders them vulnerable to attack These requirements include safety, privacy and (Gonsalves et al. 2015). As a result, the SJC’s major measures aimed at ensuring a clean environment. campaigns over the last decade have focused on Section 73 of the Municipal Systems Act further the interconnected issues of inadequate delivery of requires municipalities to deliver basic services ‘in sanitation services to informal settlements and the a manner that is conducive to the improvement of lack of safety and security of informal settlement standards of quality over time’. In other words, not residents in Cape Town. only is the state required to progressively realise access, an additional onus is placed on local Understanding that government to improve the standards of quality rights are indivisible and of basic services provided over time. In short, the interconnected provision of temporary solutions as permanent

The South African Constitution guarantees all people fixtures indefinitely falls foul of the Municipal Systems the right to life, to health, to safety, to water and Act. to a clean and safe environment. These rights are History of the SJC’s Clean indivisible. These rights are interconnected. The and Safe Sanitation rights to life, to equality, to dignity, to health, to campaign safety and to a clean and safe environment can only be meaningfully met if the right to water and basic On 30 March 1983, an Apartheid Minister for sanitation are substantively met. The Constitution Cooperation and Development, Dr Piet Koornhof, requires the state to progressively realise the right to announced plans for a new settlement for Black water and basic sanitation. African people in Cape Town, to be located on land to the east of Mitchell’s Plain. The first phase of the township development was The rights to life, to equality, to dignity, to health, to safety and to a to consist of 1000 plots of 170 square metres each clean and safe environment can only be meaningfully met if the right on which a ‘fletcraft’ tin hut costing R1 010 would to water and basic sanitation are substantively met. The Constitution be erected for each family, with one tap supplied requires the state to progressively realise the right to water and basic for every four plots, one bucket toilet per family, sanitation. high-mast street lighting, and a rubbish removal service (Commission of Inquiry into Allegations of

68 Police Inefficiency and a Breakdown in Relations between SAPS and the Community in Khayelitsha The immensity of the challenge has led to many municipalities resorting 2014: 33). This township development would become to the provision of short-term, and what should be temporary, measures Khayelitsha. to address the sanitation needs of many informal settlement residents. In contrast to the services provided by the apartheid government, the City of Cape Town has state of local governance by revealing the tension now set its minimum level of services to be provided between civil society and local government structures to informal settlements, like those in Khayelitsha, at around the provision of basic services to informal one tap for every 25 families, one toilet for every five settlements. families, and a weekly refuse removal service (Socio- Economic Rights Institute of South Africa 2018). Janitorial service Today, Khayelitsha is home to more than 400 000 people. 65 000+ households in Khayelitsha are living On 27 April 2011, approximately 2500 SJC supporters in informality, while 50 000+ households live in a brick marched to the Cape Town Civic Centre where a or concrete house on an individual stand. The 65 petition entitled Memorandum on Access to Clean and 000+ households that are living in informal structures Safe Sanitation Services in the City of Cape Town are living in 80 informal settlements or informal (SJC 2011), signed by more than 10 000 people, was settlement pockets identified by the City of Cape handed over to a representative from the mayor’s Town. Khayelitsha is home to just under a third of all office. The memorandum articulated the SJC’s informal settlement households in Cape Town. concerns with regards to sanitation provision in the A lack of access to sanitation continues to be City’s informal settlements, and called for a two- a major concern in Khayelitsha and other informal pronged approach to improving access to and quality settlements and presents a serious challenge to of services. municipalities across the country. Firstly, the SJC asserted that more must to be The immensity of the challenge has led to many done by the City to ensure that existing facilities are municipalities resorting to the provision of short-term, adequately maintained, monitored and coordinated and what should be temporary, measures to address as a matter of urgency. The SJC argued that this the sanitation needs of many informal settlement could be done relatively quickly and cost-effectively, residents. These short-term measures have now as it would not require the installation of additional become de facto permanent measures, despite them infrastructure or acquisition of new land, but would being wholly ill-suited to long-term use and despite greatly improve the level of service and quality of life them failing to meet the requirement set out in the for those using toilets and water facilities in informal Municipal Systems Act which requires municipalities settlements. to deliver basic services ‘in a manner that is Secondly, the memorandum called on the City conducive to the improvement of standards of quality to initiate broad-based, meaningful engagement with over time’. communities and civil society to plan for the delivery Given this context, the SJC launched its Clean of additional clean and safe sanitation and water and Safe Sanitation campaign in 2009. The history facilities in line with national basic sanitation norms of the campaign is well placed to give insight into the and standards within a reasonable timeframe.

Perspectives from Civil Society on Local Governance in South Africa 69 developmental local government: dream deferred?

Soon after taking office, Cape Town’s Executive and key stakeholders, at the inception stage and Mayor Patricia de Lille met with the SJC on two throughout the process, would be necessary. separate occasions to discuss the memorandum. The SJC publicly undertook to be an active, Following these meetings, Mayor de Lille released engaged and constructive partner of the janitorial a public statement indicating a willingness from the service. The organisation pointedly undertook to City to work with SJC to advance the provision of supply ongoing input and advice and to encourage ‘the highest level of (sanitation) service possible’. communities and partner organisations and other The mayor also stated that the City wants ‘the key stakeholders to participate. The SJC also SJC to be our partners in service delivery’ and that stated that it would extend its ongoing monitoring of ‘partnerships are models of the type of collaborative sanitation service provision, which included equipping engagement we want to create between government communities with the tools to track delivery of the and interested stakeholders’ (De Lille 2011). new service. The memorandum was later discussed by In a major success for the SJC, and to the approximately one hundred attendees – representing City of Cape Town’s credit, a janitorial service was more than sixty community organisations, social established in 2012. movements, research institutions, religious The window of productive engagement and denominations and government departments – that participation between the City and the SJC was participated in the inaugural Cape Town Sanitation however short-lived. After the janitorial service had Summit hosted by the SJC on 15 September 2011. been initiated, the SJC asked the City to produce an Mayor de Lille opened the Summit. implementation plan for the janitorial service while During a speech to Council on 28 September highlighting that the absence of a plan undermined 2011, Mayor de Lille announced the planned the health, dignity, and safety of janitors and Mayoral Special Jobs Creation Project that would communities. In a memorandum handed to the include ‘cleaning, maintenance of services in City of 25 June 2013, the SJC detailed the litany of informal settlements, maintenance of storm water commitments made by the mayor in relation to the systems, and more’ (SJC 2011). In subsequent service, which included a commitment to develop an correspondence, the SJC enquired whether this Jobs implementation plan, that had not been met. Creation Project would include janitorial services. In an attempt to meet with the mayor to discuss The then Mayoral Chief of Staff, Mr Paul Bogey, the lack of an implementation plan for the janitorial responded to the query and confirmed that they would service along with other issues in the delivery – the SJC welcomed this. The SJC, in response to this of sanitation services to residents of informal confirmation that a janitorial service would be rolled settlements across the city, 21 members of the SJC out, argued that in order for a janitorial service to be a took part in an act of peaceful and organised civil success, broad-based consultation with communities disobedience outside the Civic Centre in September 2013. Ten of those SJC members have since been

The memorandum articulated the SJC’s concerns with regards to criminalised for having contravened the Regulation of 1 sanitation provision in the City’s informal settlements, and called for a Gatherings Act of 1993 (RGA). two-pronged approach to improving access to and quality of services. Despite all these attempts at engagement and despite some new concessions from the City by July

70 2014, the SJC felt it necessary to make good on its undertaking to extend its ongoing monitoring of After the janitorial service had been initiated, the SJC asked the City sanitation service provision to the janitorial service. to produce an implementation plan for the janitorial service while The findings of the SJC’s social audit into the service highlighting that the absence of a plan undermined the health, dignity, revealed that the implementation of the service was and safety of janitors and communities. inconsistent and hazardous and suffered from a severe lack of planning and consistency (SJC 2014). their obligations outlined in their contract with the Many toilets were found to be in a state of City. disrepair for months. Janitors, it was found, were During the social audit, over 60 participants being exposed to illnesses because not all of them interviewed 270 residents of 4 informal settlements had received the necessary inoculations. The social - RR-Section, Taiwan/CT, Green Point, and audit also found that the distribution of janitors across eMsindweni. The participants inspected all chemical areas was unequal. The overall assessment was that toilets found across these 4 areas. The audit found residents were left with diminished access to toilets that the City had paid Mshengu Services more than because many of the toilets delivered were now in a R126 million to provide and maintain short-term state of disrepair and posed life-threatening risks to sanitation solutions, the chemical toilets, over a the poorest and most vulnerable communities in the sustained period. On inspection, only 256 toilets city (SJC 2014). intended for the 4 areas audited were found, which left 90 toilets, which were required in the service level Mshengu Chemical Toilet agreement (SLA), unaccounted for. In addition, the Social Audit distribution of the 256 toilets in the 4 areas audited On 27 April 2014, 150 people gathered in Khayelitsha appeared random and meant that a ratio of one toilet to assert their fundamental and hard-fought right to every five households wasn’t uniformly realised. to hold their leaders accountable in advancing In many cases, more than 10 families were sharing a the basic rights of all people, but particularly single toilet and in one area, 26 families were sharing those in historically disenfranchised communities. one toilet. Of the toilets inspected, only 68% had The purpose of the gathering was to discuss the been serviced by a Honey Sucker in the last week, communal toilets intended to serve thousands of even though the SLA required this service to be households in informal settlements across the City of undertaken three times a week. 54% of toilets were in Cape Town. an unusable state and 66% of toilets were damaged. Pointedly, those attending the gathering were None of the toilets inspected were secured to the asking the question: Why has the City of Cape ground and residents complained about the dangers Town paid a private service provider R126 million of using a toilet that could easily topple or be pushed for a service that is not being fully delivered? The over. The SLA required that all toilets be safely Freedom Day community meeting followed a week- secured to the ground, including those in long social audit in which affected residents worked sandy areas. Lastly no Community Liaison Officers in partnership with trained practitioners to assess (CLOs) were found on site and residents also whether Mshengu Services – a provider of more than reported that they did not know of any CLOs 5000 communal toilets – was delivering on employed for this service. CLOs are meant to ensure

Perspectives from Civil Society on Local Governance in South Africa 71 developmental local government: dream deferred?

the smooth running of the service and to facilitate measures rely on a continuous operating budget for communication. maintenance and near weekly servicing and cleaning. Overall, the findings of the social audit found This situation has meant that the City’s operating that the City was failing to monitor Mshengu Services budget overshadows its capital budget when and other contractors. This lack of monitoring and providing sanitation services to informal settlements. enforcement of the service level agreements entered Two issues led to the SJC’s initial interest in the into, lead to wasteful expenditure and human rights City’s budget. First, clarity was needed regarding how violations (SJC 2013). much money was actually being spent on sanitation The City of Cape Town responded to the social in informal settlements and to unpack the ‘pro-poor’ audit results as follows (Nicholson 2013): budget claims made by local government. Secondly,

Our records show that the City did not always more information was required regarding the City’s verify each toilet serviced against the invoice and prioritisation of temporary services in lieu of long-term delivery note. planning. Towards the end of 2014, the SJC in partnership The City acknowledges that we need to improve with Ndifuna Ukwazi (NU) and the International the monitoring of service providers for toilets to Budget Partnership (IBP) undertook an analysis of the ensure that residents access the highest level budget documents with a specific focus on sanitation. possible of basic services at all times. The analysis revealed that the capital spending We have taken remedial action to address this. To on sanitation in informal settlements was extremely this end, we have appointed 266 staff members to low – less than 2% of the water and sanitation capital improve our efforts to monitor the provision and spending. These numbers revealed the magnitude of maintenance of toilets services across the City. the injustice and its permanence. In addition to this, I will later this month visit A twofold strategy emerged: first, was to help different communities, including informal SJC staff members and others to understand the settlements, to engage them about the contents budget and make submissions during the budget of our Service Level Agreements (SLAs) with cycle; second, to build a public campaign around different contractors. the budget injustice before the budget process reached the City Council. This project called for Budget and participation intimate knowledge of budget systems and the public work participation in this process. What became clear was One of the biggest challenges the SJC faced in that the City was ill-equipped to give substance to trying to improve access to sanitation was that the the processes of public participation in relation to state treated informal settlements as ‘permanently budgets. This means that in practice it is hard for temporary’ and as a result, provided short- communities to hold local government accountable. term sanitation measures permanently. These After two months of workshops and a budget camp, where 60 SJC members spent three days studying the budget, over 500 informal settlement These measures rely on a continuous operating budget for maintenance residents from Khayelitsha wrote individual and near weekly servicing and cleaning. submissions, while the SJC and NU made a joint

72 submission. All these submissions were hand Successes and frustrations delivered to the City, by 150 people, on 22 April encountered 2015. The group was met with confusion and Over the last decade, the SJC has, through sustained hostility by city officials. A representative from the and principled advocacy, compelled the City of Cape mayor’s office argued and refused to accept the Town to adopt a janitorial service for all communal submissions. The official insisted that he would only full-flush toilets in informal settlements across accept a memorandum. After a tense standoff, the the City. The organisation has also successfully official capitulated and begrudgingly accepted each highlighted a blind spot in the City’s outsourcing of submission. the delivery of some basic services and has revealed The SJC/NU organisational submission argued the need for greater monitoring and evaluation that the City was spending a disproportionately small of service level agreements. Lastly, the SJC has share of the water and sanitation capital budget on ensured much greater meaningful participation in the informal settlements, while prioritising temporary budgetary processes in the City. services. The SJC demanded that the City increase The SJC’s social audits and budget work has the capital budget allocation to facilitate the delivery revealed how citizens can work alongside government of permanent safe and dignified toilets to informal in monitoring service provision and that communities settlements (SJC and NU 2015). themselves can participate directly in affecting When Mayor de Lille tabled her final budget on change in both monitoring service delivery and 26 May 2015, a considerable part of her speech was holding leaders accountable. committed to attacking the SJC. She painted the Despite the SJC’s relative successes, the main SJC as an organisation driven by nefarious political demand of its Clean and Safe Sanitation Campaign agendas and self-enrichment. She also mocked SJC has not been met, which was for the City to develop members stating that they couldn’t read a budget. and implement a city-wide sanitation plan that moved By 2016, SJC staff and members had a much away from costly temporary (now de facto permanent) deeper understanding of how to engage with the sanitation services and to move decisively towards budget and facilitate submissions. Through a process the provision of safer, more dignified long-term of education and organising, similar to that in 2015, solutions. As a result, after several years of 3 000 residents in Khayelitsha and Gugulethu wrote campaigning, the SJC, represented by the Ndifuna submissions. After threatening legal action, the City Ukwazi Law Centre, filed a court application in the acknowledged, in writing, that the submissions would Equality Court in July 2016 to ensure that the City of be treated individually. Cape Town delivers. From 23 public submissions in 2014, the number The court case is challenging the provision of submissions in 2016 had risen to over 4 000. The of temporary sanitation solutions in Cape Town’s SJC clearly had a hand in entrenching participatory informal settlements, seeking an order, in the form process and allowing citizens to engage meaningfully of a structural interdict, which will compel the City with government processes that impact their lives. of Cape Town to develop a reasonable plan and The increase in the number of submissions adequately budget for the provision of improved ultimately pushed the City to reconsider its access to sanitation in the city’s informal settlements. participatory mechanisms. The case aims to affirm the right to equal access

Perspectives from Civil Society on Local Governance in South Africa 73 developmental local government: dream deferred?

to quality sanitation, and basic services in general, plan outlining how the provision of sanitation services of Cape Town residents who reside in informal in Cape Town will be improved over time. The ISPP settlements. had never been made public before, and despite the City’s attempt to have the ISPP pass for a sanitation Responsiveness to local plan, it doesn’t. The ISPP contains no plan for the government’s responses provision of sanitation for the overwhelming majority In a social audit undertaken by the SJC earlier this of the informal settlements in Cape Town. What has year (a final report is forthcoming), 478 communal become clear, and is confirmed by the ISPP, is that taps and standpipes in seven informal settlements the City does not have a comprehensive plan, and in Khayelitsha were inspected. Of these 478 taps does not intend to develop such a plan for improved and standpipes inspected, only 77% were working. access to sanitation for the overwhelming majority For 20% of the standpipes and taps inspected, all of the people who live in informal settlements. The that remained was a pipe, bent and tied shut with a residents of 346 settlements in the City’s area of wire. Of the total, 72% had no drains and as a result jurisdiction only have the statement ‘basic service 67% were deemed dirty or very dirty. These results delivery’ next to their name. If the number of indicate that in some informal settlements’ access to households remains the same (a highly optimistic water has been limited due to poor maintenance, a assumption), at the current average rate of provision, lack of additional infrastructure delivery and a lack of it will take the City 91 years to upgrade all existing will to improve on existing infrastructure by allocating informal settlements under the Upgrading of Informal appropriate budgets and connecting existing taps Settlements Programme (UISP). and standpipes to proper drains. The results also In short, the City has essentially responded underscore that the janitorial service and the 266 staff to the Clean and Safe Sanitation Campaign’s members appointed by the City, in response to SJC biggest demand by pointing to their limited UISP, campaigns, are not fulfilling their mandate to monitor, and downplaying the issue of sanitation in informal fix and/or report any sanitation-related faults or poor settlements. This plan is not reasonable and does not service delivery. provide a comprehensive enough strategy to ensure While public advocacy around sanitation and temporary and permanent access to sanitation for all public participation continues, the SJC continues informal settlements. This response by the City has to work on bolstering the existing campaigns and served to open another front in the SJC’s developing new strategies moving forward. Advocacy work in informal settlements. Not only will the campaigns need to be not only responsive to the organisation continue to advocate for improved state of local government, but also to the responses sanitation, as long as poor working class residents of local government to advocacy campaigns. of informal settlements continue to live through Day During the ongoing litigation between the Zero, but it will also now work to ensure that the SJC and the City, the City submitted its Informal City’s UISP substantively confronts the housing Settlement Project Pipeline (ISPP) in response to the crisis by engaging meaningfully and budgeting SJC’s allegation that the City has failed to develop a accordingly.

74 references

City of Cape Town (2018) Cape Town Water Map.https://citymaps.capetown.gov.za/waterviewer/. Commission of Inquiry into Allegations of Police Inefficiency and a Breakdown in Relations between SAPS and the Community in Khayelitsha (2014) Towards a Safer Khayelitsha: Report of the Commission of Inquiry into Allegations of Police Inefficiency and a Breakdown in Relations between SAPS and the Community of Khayelitsha. Cape Town: Commission of Inquiry into Allegations of Police Inefficiency and a Breakdown in Relations between SAPS and the Community in Khayelitsha. De Lille P (2011) Statement by Executive Mayor Alderman Patricia De Lille after meeting with the Social Justice Coalition. http://www.politicsweb. co.za/archive/cape-town-to-work-with-sjc--patricia-de-lille. Gonsalves G, Kaplan E and Paltiel D (2015) Reducing Sexual Violence by Increasing the Supply of Toilets in Khayelitsha, South Africa: A Math- ematical Model. Plos One. https://doi.org/10.1371/journal.pone.0122244. Nicholson Z (2013) De Lille pledges to maintain toilets. Sunday Independent. 7 May 2013. Social Justice Coalition (2011) Memorandum on Access to Clean and Safe Sanitation Services in the City of Cape Town. https://www.sjc.org.za/ memorandum-on-sanitation-in-cape-towns-informal-settlements. Social Justice Coalition (2013) Report of the Khayelitsha ‘Mshengu’ Toilet Social Audit. https://www.internationalbudget.org/wp-content/uploads/ Social-Justice-Coalition-Report-of-the-Khayelitsha-Mshengu-Toilet-Social-Audit.pdf. Social Justice Coalition (2014) Our Toilets are Dirty: Report of the Social Audit into the Janitorial Service for Communal Flush Toilets in Khayelit- sha, Cape Town. http://nu.org.za/wp-content/uploads/2014/09/Social-Audit-report-final.pdf. Social Justice Coalition and Ndifuna Ukwazi (2015) An Unfair Budget: Dignity, Equality and the Right to Sanitation. Joint Submission by the Social Justice Coalition and Ndifuna Ukwazi on the 2015/2016 Draft Budget - 30 April 2015. http://nu.org.za/wp-content/uploads/2015/08/Budget-Submis- sion-Final.pdf. Socio-Economic Rights Institute of South Africa (2018) Informal Settlements and Human Rights in South Africa: Submission to the United Nations Special Rapporteur on adequate housing as a component of the right to an adequate standard of living. http://www.seri-sa.org/images/Informal- Settlements--Human-Rights-22-May-2018.pdf.

NOTES

1 On 11 September 2013, 21 SJC members and supporters were arrested and criminally charged with contravening the RGA after having staged a peaceful and organised act of civil disobedience outside the offices of CapeTown Mayor Patricia de Lille, chaining themselves to the railings of the Civic Centre. The decision to organise and attend the protest outside the offices of Mayor de Lille was not taken lightly. In February 2015, the 10 elected leaders who were identified as the convenors of the protest were convicted in the CapeTown Magistrates Court, while the other 11 participants were acquitted. The SJC and those found guilty lodged an appeal. On 24 January 2018, in the Western Cape High Court, Judge T.C. Ndita delivered a judgment. The judgment expunged the criminal charges and found Section 12 (1)(a) of the RGA unconstitutional. The South African Police Service is now appealing Judge Ndita’s judgment and as a result, the criminal charges against the 10 SJC members remain in place.

Perspectives from Civil Society on Local Governance in South Africa 75 DREAM DEFERRED? BROKEN TRUST AND THE UPGRADING OF LANGRUG INFORMAL SETTLEMENT

Kwanda Lande and Yolande Hendler - Community Organisation Resource Centre

‘It feels like we are standing still. How can we continue working together when we have not managed to complete existing projects?’ (Meeting 29 May 20181). The sense of frustration was evident as members of the Langrug Community Projects Committee (LCPC) expressed their views about informal settlement upgrading initiatives in Langrug. Although not stated explicitly, a core aspect of the LCPC’s question revolved around trust and the certainty of follow-through. These sentiments, along with the destruction and disruption of some informal settlement upgrading projects in Langrug2 beg for critical reflection on our practice as the South African SDI Alliance3 and that of various actors involved in Langrug.

In the 2014 State of Local Governance publication, community-led agenda, in which decision-making was Tshabalala and Mwau (2014) highlighted the Alliance’s not solely located in the state but shared between all collaborative approach to informal settlement parties. The approach thereby also resonated with upgrading projects in Langrug as being instrumental aspirations set out in the 1998 White Paper on Local in building social cohesion and resilient communities. Government, including the provision of sustainable This approach was adopted in a context where the services through partnerships between local municipality had long tried to provide services through government and CBOs/NGOs. ad hoc, top-down methods with no success (Bradlow By April 2016, repeated incidents of vandalism 2015). Kumar and Robyn (2016) make a point that had culminated in the complete destruction of an this new approach in Langrug was characterised by a upgrading project in Langrug – the Mandela Park

76 Perspectives from Civil Society on Local Governance in South Africa Water, Sanitation, and Hygiene (WaSH) facility LCPC were engaged in a process of building trust. (du Preez and Malan 2016; Meiring 2017). The This process is underway because when initially construction of a second WaSH and multi-purpose approached about this research, LCPC members facility began in 2014. Known as the ‘Innovation indicated that they would not support new projects Centre’, this facility is located in the Zwelitsha section or research without completing existing projects. In of Langrug. By 2016, the construction of this facility this light, the Alliance made use of the trust-building had not yet been completed and, while it stood process with the LCPC as an avenue to draw insight vacant, surrounding residents reported interspersed for this study. The Alliance conducted four interviews incidents of vandalism (CORC City Fund 20164). This with community-based actors (including the LCPC) vandalism was a stark indication that ‘the dream’ of who were involved with both WaSH facilities. These scaled up service delivery, an organised community interviews with community members and project and a sustainable model for upgrading, while once implementers provided valuable insight into the robust, had become brittle. implementation and progression of these projects. This paper investigates the dynamics contributing Additional sources of data included extensive to the destruction and disruption of these two WaSH archived documentation by the Alliance, academic facilities, and engages with the perceived breach of and policy documents, project reports, newspaper trust as expressed by the LCPC and shares emerging articles, and websites. responses from the SA SDI Alliance and the LCPC. While the paper recognises the inherent presence of Langrug upgrading conflict and contestation in collaborative upgrading partnership processes (Bradlow 2015), it also seeks to uncover In the Alliance, Langrug holds a special status ‘the generative potential of contestation’ through as a learning centre for other Federation of the which new options and alternatives can arise (Cirolia Urban Poor (FEDUP) and Informal Settlement et al. 2016: 19). In this sense, this paper is a case- Network (ISN) affiliated communities due to the specific retrospective that may also have relevance particular nature of the partnership between for relationship building between informal settlement Langrug community, Stellenbosch municipality, communities, local governments and support and the Alliance. The partnership was initiated organisations elsewhere. after the municipality approached ISN and the Community Organisation Resource Centre (CORC) Methodology in 2010/2011 to partner with its newly established This paper is informed by a mixed methods research Informal Settlement Management department (Kumar approach. The research focuses on community and Robyn 2016), as the municipality recognised organising and upgrading processes in Langrug since that it could not deliver services alone due to the Alliance’s first engagement with the settlement in challenges associated with limited resources and 2012 and with Stellenbosch municipality in 2010/2011. community mobilisation that was required to facilitate This study aims to investigate and learn from some of interventions (Siame 2013). The partnership was the setbacks that occurred in this period. The context celebrated as precedent setting because of the in which this research took place was one in which nature of the Memorandum of Understanding (MoU) the Alliance and community members affiliated to the that was signed in 2012 between CORC (on behalf

Perspectives from Civil Society on Local Governance in South Africa 77 developmental local government: dream deferred?

of the SA SDI Alliance) and Stellenbosch municipality ISN were simultaneously mobilising Langrug residents (Siame 2013). to lead their community process of upgrading. In the The MoU provided a framework for implementing case of the municipality, CORC acted as the initial upgrading projects and enabling social facilitation to intermediary and the assumption was that once build capacity among informal settlement residents; the community was mobilised, they would lead the it made provision for the establishment of an Urban process and CORC would provide support (Kumar Poor Fund with joint financial contributions and and Robyn 2016). However, due to weak community management by the municipality, CORC and the structures, in particular a weak presence of FEDUP community. The MoU ‘departed from a service and ISN practices in Langrug, CORC remained the delivery agreement [and made it possible] to service Alliance’s primary interlocutor with the municipality settlements rapidly without too much red tape’ (Kumar (Bradlow 2013). and Robyn 2016: 224; see also Bradlow 2015). The MoU envisaged the upgrading of Langrug as Langrug initiatives arising through the MoU encompassing settlement-based data collection, savings and capacity building of residents to manage One of the first partnership initiatives in Langrug small-scale and incremental partnership projects was to form leadership committees, which consisted (Kumar and Robyn 2016). In addition to some of 14 lower level street committees (Bradlow 2015). improvements in service delivery in the community, The aim was to organise the community to be able to the partnership resulted in short-term work for determine community priorities, deepen leadership community members on upgrading projects (Bradlow accountability, and manage projects (Bradlow 2015). 2015). In the same year, the people of Langrug also carried The challenge of the Langrug partnership, out an enumeration. The outcome of this enumeration however, was the lack of a well organised, municipal- emphasised poor service delivery in Langrug, but wide (Stellenbosch) and settlement-wide grassroots also opened up dialogue between Stellenbosch structures (Bradlow 2015). This scenario stood in municipality and the community of Langrug (Kumar contrast to the Alliance’s experience in Cape Town, and Robyn 2016). Within Langrug, the impact of the where the ISN had begun networking at settlement enumeration became evident when the community level before engaging the City of Cape Town for a established different portfolios to focus on crucial partnership. Therefore, before partnering with the matters such as health, education, water and municipality, Langrug did not have a widely mobilised sanitation, and greywater (Kumar and Robyn 2016). population, which meant that, concerning Langrug, In particular, the health portfolio was of great pressure on Stellenbosch municipality was not so assistance in paving the way for a partnership much exerted by Langrug residents as it was by the between a local hospice and the community (Kumar wider networks of ISN as a nation-wide structure, and Robyn 2016). These partners organised and CORC, as a nation-wide NGO, and SDI, as a global facilitated different public events that were aimed network with grassroots mobilisation. at raising awareness and disseminating information At the inception of the partnership, part of the about HIV/AIDS and antiretroviral therapy (Kumar agreement was to start a process of planning and and Robyn 2016). Similarly, water and sanitation, preparation for upgrading projects, while FEDUP and and greywater portfolios anchored the construction

78 of various projects, including the installation of pipes Langrug, began. In this project the community of to manage greywater run-off, water taps, toilets, and Langrug, WPI, Touching the Earth Lightly (TEL)5, internal relocations (within the settlement) to avoid CORC and Stellenbosch municipality provided flood risk (Kumar and Hendler 2014, Tshabalala, financial and/or technical contributions (Kumar and 2013, Kumar and Robyn 2016). In 2011 and early Hendler, 2014). The construction of this facility was 2012, the initial Langrug partnership was expanded motivated by the lack of sanitation facilities in the to involve academic and research institutions, area. including the Worcester Polytechnic Institute (WPI) and the University of Cape Town (UCT) (Tshabalala, Langrug initiatives arising after the MoU expired 2013). According to Bradlow (2015), UCT supported the community of Langrug to develop a long-term In 2015, the MoU, which outlined the Langrug vision for the settlement that included design and partnership and funding commitments for three policy strategies for accessing the benefits of the years, came to an end. The Alliance began seeking Upgrading Informal Settlements Programme (UISP). alternative funding avenues to continue supporting The UISP is a subsidy instrument designed to deal community organising and upgrading initiatives in specifically with requirements of informal settlements Langrug. Habitat for Humanity South Africa6 (HFHSA) (Department of Human Settlements 2010). At this and the SA SDI Alliance decided to follow up on the point in time, however, attempts to access funding for previous UISP application that was submitted to the Langrug through the UISP were unsuccessful since WCDoHS. According to du Preez and Malan (2016), the Western Cape Department of Human Settlements both organisations decided to approach Stellenbosch (WCDoHS) deemed the total household figure in Municipality with intentions of completing and the application inaccurate (du Preez and Malan submitting another application for informal settlement 2016, Kumar and Robyn 2016). Meanwhile, WPI, upgrading in Langrug. At this time, a Professional together with CORC, Stellenbosch Municipality, and Resource Team (PRT)7 was already appointed for community representatives supported the process Stellenbosch municipality to implement UISP projects of conceptualising the Mandela Park WaSH facility, (du Preez and Malan 2016). As a result, the Alliance which was completed in 2013 (Tshabalala, 2013). and HFHSA started engaging with this team, and this According to Tshabalala (2013), WPI also made evolved into an agreement that both the Alliance and financial contributions by sponsoring the construction HFHSA should complete some of the UISP project of the Mandela Park WaSH facility. In addition, the deliverables, which were initially assigned to the PRT municipality, through the Expanded Public Works (du Preez and Malan 2016). Programme (EPWP), created work for community In an attempt to carry out the work of completing members during construction and to maintain the the UISP deliverables, both the Alliance and HFHSA facility (Meiring 2017). The EPWP is a government signed a sub-consultancy agreement which required programme aimed at developing skills for community members and reducing levels of poverty and It became evident that many members of the community were no longer unemployment by providing temporary employment motivated to drive their identified development priority, including the (Meiring 2017). In 2014, the construction of the additionally identified multi-purpose centre. Innovation Centre in Zwelitsha, an upper section of

Perspectives from Civil Society on Local Governance in South Africa 79 developmental local government: dream deferred?

these organisations to work together to achieve three BiomimicrySA, Informal South8 and the Western Cape related goals. These goals included the development Government’s 110% Green initiative. This project was of a detailed informal settlement upgrading plan, a conceptualised in 2015 with the aim of addressing sustainable livelihoods framework, and to facilitate a wastewater and solid waste challenges. The initiative capacity building programme. Moreover, the Alliance involves the installation of drainage systems that was also asked to facilitate another household filter water before it runs down the pipeline to prevent enumeration. According to du Preez and Malan blockage and to treat water before it is used. In this (2016), HFHSA was instrumental in supporting project, the Langrug Community Projects Committee the formulation of a community action plan (CAP), (LCPC) was established as a community structure which was the outcome of the sustainable livelihood that would drive the project (Sonxi interview 2018)9. framework developed together with community According to Sonxi (Interview 2018)10, this committee members from Langrug. In this plan, the community has evolved to become a structure that oversees all proposed a new multi-purpose centre, which was projects in Langrug. It was elected through a general an addition to the Mandela Park WASH Facility and meeting and consists of community leaders affiliated Innovation Centre (du Preez and Malan (2016). to ISN, ward committee members, members of the Du Preez and Malan (2016) mention that in Siyazama disabled initiative, and members of the 2016, HFHSA made some funding available for community (Sonxi interview 2018). the construction of the new multi-purpose centre. However, HFHSA had to return the funding due to Re-engaging Langrug at this point in time numerous community issues that emerged at the time (du Preez and Malan (2016). Du Preez and Malan Recently, two new opportunities for collaboration (2016) note that at this time, it became evident that around informal settlement upgrading have emerged many members of the community were no longer in Stellenbosch between the Alliance and the motivated to drive their identified development Western Cape Department for Human Settlements. priority, including the additionally identified multi- One opportunity is related to a pledge of R10 purpose centre. In parallel, both the Mandela million for informal settlement upgrading that the WaSH facility and the Innovation Centre were being provincial minister of Human Settlements, Bonginkosi increasingly vandalised and misused rendering the Madikizela, had made to the Alliance after visiting a area unsafe. In the midst of engagements by some settlement in Cape Town11 that had been upgraded community leaders to deal with these problems, word and re-blocked with the support of the Alliance. This got out in the community that some members of the commitment was confirmed at a meeting held in leadership intended to demolish the facility and use 2015 where the minister outlined the background to material to build the new multi-purpose centre (du the pledge agreement and introduced the Alliance Preez and Malan 2016). The community took it on to various heads of department. Since then, there themselves to demolish this structure and all the have been some difficulties to unlock the R10 million material disappeared into the settlement (du Preez pledge, in particular in the context of Cape Town. and Malan (2016). According to Hendricks (interview 27 July The latest initiative in Langrug is the Genius 201812), a first difficulty was that province had to of Place (GOP) project, a collaboration between establish how to handle procurement processes to

80 make the R10 million available without going out Tshabalala and Mwau 2014; Meiring 2017; Siame to tender. A second difficulty was that these funds 2013; Cirolia et al. 2016; Fieuw and Mwau 2016; required a partnership with a municipality, because Kumar and Robyn 2016; du Preez and Malan 2016). that is where they were going to be implemented. The research highlights power relations, divisions The City of Cape Town, which was initially identified in community leadership, and community ownership as a partner municipality, underwent organisational as challenges that have arisen during upgrading in restructuring which made it difficult for the City to co- Langrug. One of the less developed aspects in this sign a partnership agreement with CORC (Hendricks body of literature is a critical reflection on the role of interview 27 July 2018); this resulted in the Alliance supporting organisations. In this section, some of the identifying the Stellenbosch municipality as partner engagements and projects that took place in Langrug through which to implement the R10 million pledge. since 2010 will be interrogated to understand ‘what Additionally, the Alliance was convinced, based on went wrong’ in Langrug. discussion with the municipality, that the municipality Incomplete projects and would sign off and endorse this proposal (Hendricks accountability interview 27 July 2018). In Langrug, residents are convinced that most of A second avenue of collaboration with the the supporting organisations that were involved in province emerged out of a joint and sustained various initiatives have disappeared and that the advocacy initiative between urban sector NGOs Alliance is one of the few organisations that is still in Cape Town. Together, these organisations present in the community (Meeting 21 June 2018)13. successfully engaged the province about an In addition, community members and leaders affiliated increased financial allocation for intermediaries to the LCPC understand that most of the other conducting social facilitation in UISP projects. support organisations that assisted the community The engagement culminated in an agreement were introduced to the community by the Alliance whereby some of these NGOs and associated (Meeting 21 June 2018). For example, in the case of community movements (including, CORC on the Innovation Centre, Langrug residents indicated behalf of the Alliance) would play a key role in that they were initially not aware of most support supporting informal settlement upgrading initiatives organisations that were involved until the Alliance in various municipalities in the province. In the introduced them to the community. Additionally, case of Langrug, these opportunities represent the these residents highlight that a working agreement possibility for renewed, more sustained engagement that outlines the roles and responsibilities of all with Stellenbosch municipality and direct access organisations that were involved in the construction to support for community-led design and informal of the facility was drawn up in their absence and that settlement upgrading projects. they were merely informed about it verbally (Meeting 14 What went wrong in 6 June 2018) . Langrug? Existing local realities of hierarchy, gatekeeping, and powerbrokers There is a growing body of literature that critically have worked against some of the aims of the Alliance, which include the interrogates the impact of various development building of social capacity. interventions in Langrug (see Bradlow 2015, 2013;

Perspectives from Civil Society on Local Governance in South Africa 81 developmental local government: dream deferred?

Community residents of Langrug that attended a eventual demolishing of the facility since it was meeting on 6 June 2018 with the Alliance made the perceived as only benefiting a small group of point that it was difficult for them to hold supporting community leaders (Meeting 29 May 2018)16. organisations accountable, especially when some of these organisations ceased work before project Contradictions in building community ‘ownership’ completion. Hence, these residents hold the Alliance accountable since most of the organisations that were It is crucial to understand what ‘ownership’ means in working in Langrug were introduced to the community Langrug since the destruction and vandalism of some by the Alliance. According to Glenn (interview 2018)15, projects in this settlement is attributed to the lack of some of the reasons why some projects were not community ownership of the process and projects. completed include community politics (over who Du Preez and Malan (2016: 12) write that in Langrug should control resources), lack of motivation, and ‘an effective leadership structure, capable to lead leadership capacity to allow benefits of projects to and take ownership of their own development could filter down to a household level. Du Preez and Malan not be detected’. Du Preez and Malan (2016) further (2016), and Ley (2015) have also written about these note that when HFHSA engaged with the community challenges and the role that they play in relation to around some of the NUSP project deliverables (with the objectives of the Alliance. the PRT and the Alliance), there were few committed Ley (2015) argues that existing local realities individuals which was perceived as a divided of hierarchy, gatekeeping, and powerbrokers have leadership structure that struggled to take decisions worked against some of the aims of the Alliance, and drive projects. One of the consequences of which include the building of social capacity. Du the lack of ownership was that supporting Preez and Malan (2016) write about how tensions organisations began ‘driving’ meetings and were created with ISN coordinators once another development decisions, which is in stark contrast community structure was created to oversee all to the principles and approaches of many support processes regarding the development of a new organisations that were involved in Langrug (du Preez multi-purpose centre. This feedback emerged from and Malan 2016). a meeting that the Alliance held with community In a meeting held on 21 June 2018 between the leaders affiliated to the LCPC on 21 June 2018. In Alliance and Langrug community leaders affiliated to this meeting, community leaders mentioned that a the LCPC, leaders explained that it was difficult to perception was created in Langrug that the Mandela take ownership of the process since their involvement Park WaSH facility belonged to a group of five in the process was limited. For example, these community leaders and that it was not accessible leaders made the point that community members of to other community members. This belief was a Langrug did not participate in the budget process result of a ‘handover’ process that was attended by of most of the projects (meeting 21 June 2018); Stellenbosch municipality, which was understood by this created tensions in the community, especially residents as ‘handing over’ authority of the facility when projects remained incomplete because to this group of leaders. This misunderstanding was ordinary community members started blaming their a source of mistrust and conflict in the settlement, leaders, accusing them and the associated support which may have played a contributing role in the organisations of corruption (meeting 06 June 2018).

82 According to Masiy (Interview 2018)17, this scenario had a detrimental impact on the credibility and It is crucial to understand what ‘ownership’ means in Langrug since legitimacy of many leaders that worked very closely the destruction and vandalism of some projects in this settlement with supporting organisations since they were is attributed to the lack of community ownership of the process and instrumental in convincing the community to support projects. the development process. during the second enumeration, where contradictions Power imbalances between actors in approach between the Alliance and Stellenbosch in Langrug municipality arose. While conducting an enumeration Hlatshayo (2017), writing in the context of how the under the NUSP/PRT work, budget was allocated EPWP has been implemented in South Africa in to pay a stipend to enumerators, which is not a general, identifies issues of patronage and nepotism practice that the Alliance follows during enumerations, as major factors that prevent equal access to benefits as broad-based enumeration is not a mere data of the programme by community members; in the gathering exercise for the Alliance but, perhaps context of Langrug the same challenges have been more significantly, a community mobilisation tool. experienced. Meiring (2017) writes that community Therefore, one can view this particular enumeration negotiation over jobs for both Mandela Park WaSH as marking the different nature of engagement facility and Innovation Centre was driven by politics between these actors, one in which the municipality of exclusion that is territorial and gendered. It was played a more dominant and arguably more powerful territorial and gendered since women who had role. According to du Preez and Malan (2016), a voluntarily continued maintaining the facilities (even consequence of this payment was that people were after payment ceased), were pushed out by a group no longer motivated to participate in the process once of men claiming jobs for the residents of their section payment was stopped. in Langrug. Additionally, in the midst of constructing the Innovation Centre in Zwelitsha, a female project Emerging responses on leader had to make way for a long-standing male building trust in Langrug community leader more aligned to the Alliance. The SA SDI Alliance and LCPC are currently According to Meiring (2017), this female leader engaged in a process of building trust between believes that the reason for her removal was each other with the aim of supporting broad-based because another community leader used his proximity community organising in Langrug. Both parties have to powerful partners such as CORC to ‘backstab’ agreed to complete the Innovation Centre and to her. use this process as a learning moment that would Power imbalances between the state and inform a way forward in Langrug and offer learning partners in similar partnerships were also observed for community organising in other settlements in by Pal (2006), who writes that state actors often use Stellenbosch municipality. Moreover, both parties a constitutional mandate argument for legitimacy, to have agreed to work together in interrogating new place themselves above other partners in terms of opportunities in terms of benefits and disadvantages controlling the programme and approach. In Langrug, arising from the provincial pledge and ISSP this power imbalance became evident especially engagements.

Perspectives from Civil Society on Local Governance in South Africa 83 developmental local government: dream deferred?

Understanding the meaning of elected in general community meetings (Meeting 03 building trust in Langrug July 2018). The LCPC is the most recent community In this paper, the authors are aware that structure elected to look after projects in Langrug. understandings of ‘trust’ may differ, depending The trend was generally that after a few weeks, on context, and that the process of building trust only a quarter of elected leaders would partake in itself may be politicised since informal settlement leadership requirements. In response, the Alliance is upgrading and community organising involves challenging itself to reassess what ‘community’ and negotiating different interests and loci of power. In ‘representation’ mean in Langrug. the initial phases of the Stellenbosch partnership, Re-assessing representation and Kumar and Robyn (2016) note that follow through on community practical actions and projects was a building block of trust. When speaking about informal settlement The Alliance acknowledges the presence of diverse upgrading, Cirolia et al. (2016) suggest that building and conflicting interests and actors in a community, in trust is at the foundation of participation. What can particular that social cohesion changes over time with the (re)building of trust therefore look like in Langrug? different groups supporting different agendas (Smit et For the Alliance, completing the Innovation al. 2016). Indeed, a definition of a community would Centre is an important building block of trust as it be one that is characterised by a group of people signals to the community and its leaders that the with diverse interests but linked to one another by Alliance is committed to continue supporting Langrug social ties, and who engage in joint action for mutual to self-organise and engage the municipality. For upliftment, which can consistently change and vary the Alliance, a significant marker of trust expressed over time (MacQueen et al. 2001).From this view, by community leaders affiliated to the LCPC and particularly, the necessity for legitimate, broad- Langrug residents, would be a continued willingness based and relevant representation is important. In to include the Alliance, especially FEDUP and ISN, terms of understanding who in the community is in community mobilisation efforts and to include represented by a particular actor or leadership body, the Alliance in general community meetings, which ISN and FEDUP have indicated the critical nature of are often spaces in which the legitimacy of existing going ‘deeper than leadership structures’ and taking community leaders becomes apparent. leadership decisions back to general community Additionally, trust between the Alliance and the meetings, where the extent of attendance by ordinary LCPC is being built on the basis that a broad-based community members provides insight into the extent representation of residents, as a whole, should own of support for existing leaders (Meeting 03 July 2018). project preparation for upgrading and manage assets Thus, a general meeting was planned, where all that arise out of upgrading projects. Over the years, decisions and a way forward would be discussed with the ISN has experienced a high, almost annual the broader community. turnover of leadership bodies in Langrug, who were In a meeting held on 21 June 2018, leaders affiliated to the LCPC noted that they were given a ‘mandate’ by the community to take ownership of When speaking about informal settlement upgrading, Cirolia et al. the Innovation Centre, in terms of completing and (2016) suggest that building trust is at the foundation of participation. maintaining the project. The LCPC originally wanted

84 CORC to hand over the Innovation Centre to them, not realising that they needed to seek this mandate While the Stellenbosch partnership was celebrated for its precedent- from community members residing in Zwelitsha setting and creative nature, this paper has engaged with a different, and section of Langrug who are the rightful owners of the perhaps more subtle aspect of creativity, namely that ‘creativity does not project and to whom the leadership is accountable only take place in the moment of “innovation” but also in the commitment (Meeting 03 July 2018). It was made clear that CORC to repair and rework things that did not go well’ does not own any project in Langrug and that CORC cannot be in a position to determine which actors are subtle aspect of creativity, namely that ‘creativity does in charge of maintaining projects in Langrug (Meeting not only take place in the moment of “innovation” but 03 July 2018). The Alliance has therefore challenged also in the commitment to repair and rework things the LCPC to garner its legitimacy to maintain the that did not go well’ (Meiring 2017:25, quoting Jackson facility from broad-based support of Zwelitsha 2004) - for the Alliance, the critical self-engagement, residents. For FEDUP and ISN (Meeting 21 June and retrospective approach reflected in this paper, 2018) it is key that community leadership structures has been such an endeavour. In addition, this process wanting to manage community assets must do so is contributing to Alliance learning on how alternatives through the endorsement of their community, whom in practice can be negotiated and adapted. they must be accountable to. By engaging with points of tension and conflict Another important commitment regarding the between the Alliance and Langrug residents, in long-term management of the Innovation Centre was particular community leaders that are affiliated to the noted by the LCPC in a meeting held on 21 June LCPC, some of the dynamics that contributed to the 2018. This group of leaders mentioned that they had destruction of the Mandela Park WaSH facility and approached the municipality to assist with electrifying the discontinuation of upgrading at the Innovation the facility and providing EPWP workers to clean the Centre became evident. In addition to existing reports facility, which the municipality had agreed to. Of the and research by partner organisations, writings by 50 EPWP workers that will be employed in Langrug colleagues and academics on Langrug provided by Stellenbosch municipality, the LCPC requested further insight into what went wrong. three EPWP workers to clean the facility on a regular In particular, this paper has looked at these basis. Currently, proposed long-term solutions include dynamics through the effects of supporting NGOs linking the Innovation Centre to an already running in the Stellenbosch partnership, and in Langrug in solid waste programme (the Genius of Space project) particular. The Alliance recognises the detrimental in the settlement, which may assist with leveraging effect of these dynamics, most notably that planning funds to maintain the structure. Additionally, the LCPC and meetings around projects should not be led by has indicated linking the Innovation Centre to tourism supporting NGOs. It needs to be emphasised that activities in the settlement. CORC is a support organisation to FEDUP and ISN who, in the set-up of the Alliance, take the role of Conclusion primary actors. Further challenges in Langrug related While the Stellenbosch partnership was celebrated for to multiple differences in power, which include power its precedent-setting and creative nature, this paper dynamics between Langrug community members, the has engaged with a different, and perhaps more Alliance and the municipality.

Perspectives from Civil Society on Local Governance in South Africa 85 developmental local government: dream deferred?

If partnerships are indeed a ‘modality for and a stepping stone towards rebuilding trust between participation’ (Cirolia et al. 2016: 9), they offer the the Alliance, community leaders and residents of potential to change patterns in decision-making. Zwelitsha section of Langrug. Secondly, the Alliance However, if trust is breached, the approach to is clarifying when and in what way it is appropriate participatory informal settlement upgrading in a particular for supporting organisations (such as CORC) to context needs to be questioned. For the Alliance, the step into the upgrading process. Thirdly, the Alliance questions asked and insights gained were timely. As is re-assessing its engagement with the notions the Alliance finds itself in a position to offer continued of ‘representation’ and ‘community’, conceiving of support to Langrug through new opportunities for both as containing and needing to be answerable sustained engagement with Stellenbosch municipality, to diverse interests and agendas. A fourth, critical it has been critical to draw insights that would inform insight, relates to adapting community mobilisation an alternative approach going forward. to the particular geographical and socio-political These insights include, firstly, completing the context of Langrug, which differs significantly to other Innovation Centre as a demonstration of commitment contexts.

references

Bradlow BH (2013) Quiet Conflict: Social Movements, Institutional Change, and Upgrading Informal Settlements in SouthAfrica. Massachusetts: Unpublished Thesis, MIT. Bradlow BH (2015) Quiet Conflict: Institutional Change, Informal Settlement Upgrading, and Formalized Partnerships Between LocalAuthorities and Urban Social Movements in South Africa. In Herrle P Ley A and Fokdal J (ed.) From Local to Global Networks: Housing the Global Poor. Farnham: Ashgate Publishing Limited. Cirolia LR, Gorgens T, van Donk M, Smit W and Drimie S (2016) Upgrading informal Settlements in South Africa: An introduction. In Cirolia LR, Gorgens T, van Donk M, Smit W and Drimie S (eds.) Upgrading Informal Settlements in South Africa: A Partnership-Based Approach. Cape Town: UCT Press. Department of Provincial and Local Government (DoPLG) (1998) The White Paper on Local Government. Pretoria: DoPLG. Department of Human Settlement (DoHS) (2010) National Housing Policy And Subsidy Programmes. Pretoria: DoHS. Du Preez M and Malan H (2016) The story of Langrug: Lessons learnt through the eyes of a support organisation. Cape Town: Habitat for Human- ity South Africa. Fieuw W and Mwau B (2016) Creating ‘urban commons’: Towards a sustainable informal settlement upgrading paradigm in South Africa. In Cirolia LR, Gorgens T, van Donk M, Smit W and Drimie S. (eds.) Upgrading Informal Settlements in South Africa: A Partnership-Based Approach. Cape Town: UCT Press. Hlatshwayo MS(2017) The Expanded Public Works Programme: Perspectives of direct beneficiaries.The Journal for Transdisciplinary Research in Southern Africa,13(1), 1-8. Kumar Aand Hendler Y(2014) Building the Siphumelele WaSH facility/Innovation Centre in Langrug, Stellenbosch. http://sasdialliance.org.za/ building-the-siphumelele-wash-facility-innovation-centre-in-langrug-stellenbosch/. Kumar A and Robyn J (2016) Who needs partnerships? An informal settlement upgrading partnership framework. In Cirolia LR, Gorgens T, van Donk M, Smit W and Drimie S (eds.) Upgrading Informal Settlements in South Africa: A Partnership-Based Approach. Cape Town: UCT Press. Langrug Community (2011) Langrug Enumeration Report. Stellenbosch Municipality: Informal Settlement Network, Community Organization Resource Centre. Ley A (2015) Entangled or empowered? Networks of grassroots organizations and NGOs in housing and human settlement process. In Haferburg C and Huchzermeyer M (eds.) Urban Governance in Post-Apartheid Cities: Modes of Engagement in South Africa’s Metropoles. Pietermaritzburg: University of KwaZulu-Natal Press. MacQueen KM, McLellan E, Metzger DS, Kegeles S, Strauss RP, Scotti R, Blanchard, L and Trotter RT (2001) What is community? An evidence-based definition for participatory public health. Am J Public Health, 91(12) 1929–1938. Meiring R (2017) A case study of women’s households, sanitation and care in Zwelitsha, an informal settlement section in Stellenbosch Municipal- ity.Unpublished MA Thesis, University of Stellenbosch.

86 Pal A (2006) Scope for Bottom-up Planning in Kolkata: Rhetoric Vs Reality, Environment and Urbanisation,18(2), 501-521. Siame G (2013) The Institutional Dynamics of Participatory Slum-Upgrading Process: The Case of Langrug Informal Settlement. Unpublished MSc. Thesis, University of Cape Town. Smit W, Cirolia LR, Gorgens T, van Donk M and Drimie S (2016) Conclusion: Reflecting on informal settlement upgrading experiences in South Africa.In Cirolia LR, Gorgens T, van Donk, M, Smit W and Drimie S (eds.) Upgrading Informal Settlements in South Africa: A Partnership-Based Approach. Cape Town: UCT Press. Tshabalala T and Mwau B (2014) Beyond the numbers: Langrug wash facility as a community space. In Good Governance Learning Network (ed.) Community Resilience and Vulnerability in South Africa. Cape Town: The State of Local Governance Publication. Tshabalala T (2013) The Langrug Wash Facility a New Common Space for the Community. Available: https://www.sasdialliance.org.za/the- langrug-wash-facility-a-new-common-space-for-the-community/

Meetings and Interviews

SA SDI Alliance meeting with leaders affiliated with the LCPC, 29 May 2018, Stellenbosch. SA SDI Alliance meeting with leaders affiliated with LCPC, and Zwelitsha residents, in Langrug, 06 June 2018, Stellenbosch. SA SDI Alliance meeting with community leaders affiliated to the LCPC, 21 June 2018, Cape Town. Internal SA SDI Alliance Meeting on Stellenbosch municipality, 3 July 2018, Cape Town. Internal CORC City Fund Meeting minutes, 26 May 2016, Cape Town. Interview with Trevor Masiy, ISN Coordinator in Stellenbosch Municipality 06 June 2018, Cape Town. Interview with Solomon Sonxi, Chairperson of LCPC, 25 July 2018, Cape Town. Interview with Chadernnay Glenn, CORC technical support professional, 26 July 2018, Cape Town. Interview with Moegsien Hendricks, CORC Project Manager Informal Settlement Upgrade, 27 July 2018, Cape Town.

NOTES

1 SA SDI Alliance meeting with Leaders affiliated to LCPC, 29 May 2018, Stellenbosch. 2 In this paper, the term “Langrug” always denotes Langrug informal settlement in Stellenbosch municipality, Western Cape. 3 The South African SDI Alliance supports urban poor communities to find solutions to homelessness, landlessness, and poverty through building organised communities and collaborative partnerships. The Alliance includes a membership based social movement, the Federation of the Urban Poor (FEDUP) and an issue-based network of the urban poor, the Informal Settlement Network (ISN). The Community Organisation Resource Centre (CORC) supports FEDUP and ISN. 4 Internal CORC City Fund meeting minutes, 26 May 2016. 5 Touching the Earth Lightly is a green design company that combines people, design and conservation. Projects have included producing low- tech, replicable solutions that respond to fires and flooding. 6 Habitat for Humanity South Africa is a non-profit organisation that supports communities in breaking the poverty cycle through participatory advocacy and awareness initiatives. 7 The Professional Resource Team (PRT) was a team tasked, through the National Upgrading Support Programme (NUSP), to assist Stellenbosch Local Municipality with conducting participatory-based planning for informal settlement upgrading. NUSP is an implementing arm of the National Department of Human Settlements (NDoHS) tasked specifically with the roll out of the UISP. 8 Both BiomimicrySA and Informal South are organisations consisting of scientists, engineers, architects and innovators that seek to promote the study and imitation of designs that utilise nature to create sustainable technologies. 9 Interview with Solomon Sonxi, Chairperson of LCPC, 25 July 2018. Cape Town. 10 Interview with Solomon Sonxi, Chairperson of LCPC, 25 July 2018. Cape Town. 11 Flamingo Crescent/Heights in Lansdowne, Cape Town 12 Interview with Moegsien Hendricks, CORC Project Manager – Informal Settlement Upgrading, 27 July 2018, Cape Town 13 SA SDI Alliance and community members affiliated to the LCPC Meeting 21 June 2018. 14 SA SDI Alliance meeting with leaders affiliated to the LCPC, and Zwelitsha residents, in Langrug, 06 June 2018, Stellenbosch. 15 Interview with Chadernnay Glenn, CORC technical support professional, 26 July 2018, Cape Town. 16 SA SDI Alliance meeting with leaders affiliated with the LCPC, 29 May 2018, Stellenbosch. 17 Interview with Trevor Masiy, ISN coordinator in Stellenbosch Municipality 06 June 2018. Cape Town.

Perspectives from Civil Society on Local Governance in South Africa 87 MEANINGFUL CITIZEN PARTICIPATION: THE POTENTIAL AND SHORTFALLS OF TECHNOLOGY

Luke Jordan and Mbalenhle Nkosi - Grassroot

A central tension in local governance since the White Paper on Local Government is that a detailed, highly progressive, highly participatory set of laws and formal processes has led to so much disappointment in practice. Some have advocated for technology to address this tension, even as a panacea.A common argument is that the administrative and communication burden of running highly inclusive processes is beyond local government capacity, and technology can solve precisely those burdens.

However, institutional incentives combined with a that alternative approaches may have, and possible view of citizens primarily as individual consumers have means to replicate or broaden that impact. created a predictable route of failure: own-label, poorly built municipal apps that have little impact or are simply Focusing on collective unused.The purpose of this In profile is to describe an action alternative approach that emphasizes collective action Grassroot, and the way it is used by community instead of individual clientelism and puts communities leaders, illustrates a different approach to this rather than tender specifications first. It analyses the problem. Grassroot focuses on collective action, limits of technology in the context of a structurally mostly offline (i.e. in person), through making it unresponsive state, but also considers the impact simpler and easier for community members or

88 Perspectives from Civil Society on Local Governance in South Africa leaders to engage in such action using simple mobile phones. Grassroot focuses on community leaders’ own practices, working with ‘Grassroot’ refers to both an entity, which is half them to solve problems they identify, rather than solving problems that field-based and half a technology start-up, and to the communities are assumed to have. mobile application it has developed and deployed. The ‘app’ works without a smartphone or data, using In mid-2017, the community began to adopt menus like recharging airtime or sending a please Grassroot. Using it to repeatedly organise gatherings call me. It has reached over 100,000 users and over of different sizes, record actions, and issue alerts, the 1,000 actions a month are called through it. Grassroot community established a semi-formal structure, built focuses on community leaders’ own practices, working on block committees. Community-wide organising with them to solve problems they identify, rather than takes place through a Grassroot group of almost solving problems that communities are assumed to 2000 people, with each block and different sub- have. groupings mobilising on specific issues through their For example, to call a community meeting, instead own groups.Using this greater coherence, community of someone with a megaphone on the back of a bakkie, leaders have engaged on a range of issues with the there is a thirty secondset of menus on a phone, state. The groups engaged with the local school to just like sending a ‘please call me’. The meeting call convince it to put unutilised classrooms to work to function can work on any phone, even a non-smart open a Grade R. They established direct contact with phone, and even if the user has run out of data. The the outsourced service provider for removing waste time and cost involved in organising a car, paying for from the settlement’s pit toilets and arranged to alter petrol, and so on, are put back into collective action the collection schedule. itself. For example, in Freedom Park in Soweto, The community also engaged the City of those saved resources were used to buy bread for Johannesburg more intensively through petitions, community members taking part in a march on Luthuli letters and in-person visits. The group attended IDP House to demand housing. In many communities, Forums, where community leaders asked city officials, such a change leads to an increase in the frequency ‘Do you even know that we exist?’, and forced the and attendance at public deliberations, in turn officials to respond they did not.Moreover, the officials increasing the frequency and unity of joint action, in present could also provide no feedback on issues pursuit of action or engagement with government. raised in last year’s IDP meetings. Nonetheless, the community organised large petitions and submitted Tshepisong case them to multiple levels within the City and received a formal acknowledgement from the Speaker’s office. One detailed case comes from Tshepisong West, They were referred to the petitions committee and a community in the west of Johannesburg. With promised a response which they never received. They roughly ten thousand people, the community faces have now begun marches to the ward councillor’s a familiar litany of issues: irregular provision of house, and other forms of direct action. sanitation services; underutilised education resources; In many ways, this community exemplifies low-quality and insufficient housing; and a lack of engaged citizen action. Grassroot has enabled that formal recognition of the area as a township (‘land action, but it has been generated by the community. proclamation’).

Perspectives from Civil Society on Local Governance in South Africa 89 developmental local government: dream deferred?

Unfortunately, such action receives barely any Community leaders in Mzondi have adopted response from local government. In a survey of 100 Grassroot to coordinate and organise, using it twice community members, 40-50% had tried every method a week or more to summon meetings and record or of engaging government – phone calls to call centres, follow up on actions. Through this organising they letter writing, petitions, and in-person visits – and over were able to launch a crowdfunding campaign to build 80% of those said they had received no response. their own flush toilets and used Grassroot’s LiveWire More than 80% said they would try again, but with service to attract press attention for it, eventually realistic expectations of success. Any new technology raising over R70k. They then initiated discussions that is merely about individuals reporting problems to twice a week on the use of the funds, to maintain the city must answer why it will not be simply another transparency and deliberation while avoiding conflict, means for citizens to talk into a void, or it will be a to the greatest extent possible. They have, as might waste of resources. be expected, found their principal stumbling block in engaging the City of Ekurhuleni, to connect the toilets Table 1: Engagement in Tshepisong to a main line, if possible. Channels to be used % Tried % No % Would response try again Local government’s Made phone calls 44% 66% 64% response and approach to Written letters 24% 79% 77% technology Talked to councillors 52% 76% 74% These two cases could be repeated several times Met with municipalities 30% 79% 78% over. In all, Grassroot has been adopted widely and Tried all these options 46% 83% 79% grown quickly, with almost 100,000 users now and Contacted the province 27% 80% 76% over 15,000 tasks called through the platform. Two

A second case is a community called Mzondi, in the thirds of users report that its adoption has made east of Johannesburg.The settlement was established a significant difference to their lives, with meeting recently, in 2016, when people in the Ivory Park attendance more than doubling and the frequency area occupied an unused piece of public land. and strength of action increasing. Much of the They established a rudimentary organisation when increase in time, resources and cohesiveness has they took occupation, with a committee structure been channelled into attempts to engage local and registers of occupiers. They divided up some government, through both informal and formal of the tasks of constructing a basic infrastructure, channels. These attempts have generally been such as tapping nearby electrical wires and digging frustrated, as in the case studies, through inertia, trenches for water pipes. The settlement is right lack of organisation, local state capture, and lack of on the boundary of the cities of Ekurhuleni and feedback. Johannesburg, leading to disputes about which of Grassroot has attempted to engage local them the community should engage. In May 2017, government to use the platform themselves, however, Ekurhuleni deployed the Red Ants to evict the local government IT departments are often jealous of community, leading to violence and the death of a their turf, conservative, and strongly predisposed to community member (whose name the community writing tenders for their own apps. In one example, adopted as their own). a department began using Grassroot to organise

90 community safety groups. Despite no software respond, as is known from case after case, for being installed on a municipal computer, when the reasons deep in its managerial culture. Even when it IT department was informed of this, the department approaches technology, which seems to change so was rebuked for daring to not use a tendered, own- much else in our society, the same old patterns and built app.Such an example has not been an unusual the same old failures reappear – the dream continues experience, for us, or for others working on similar to be deferred. initiatives. On the other hand, the profile should not be read When apps are built by municipalities, they quite so bleakly. Some of the lessons here are the tend to be focused on individuals as consumers, same as those learned in programmes having little to and presume the problem is reporting rather than do with technology: that the viable route to durable accountability for responsiveness. Many communities long-term change lies in breaking out of individual have stories of reporting service delivery failures, ‘clientelism’ and emphasising collective action. Even receiving a text that the fault has been logged, and in the technology components, the lessons only a day later receiving another text that the fault has repeat what are by now widespread good practices: been fixed, when nothing at all has been done. put the user first, which means the person acting Such a situation is arguably the inevitable result within and with their community (not the tender of treating citizens as consumers, and presuming specification) and solve the real problem, not what that problems are ones of information rather than of one believes the problem to be. If there is anything power. innovative in this case, it is only the rigor in applying There is a striking similarity in why and how local such lessons. government is failing both in its ability to innovate on It may then be asked how this example can IT and, more seriously, on the promise of the White be replicated, and part of the answer may be the Paper and subsequent laws. more systematic construction of an infrastructure There is a series of deep problems in the for collective action. While the traditions for doing managerial culture of local government, which might so exist, in the last two decades they have been be characterised as ‘if we didn’t write a tender for it, substantially defunded in favour of court and we don’t accept it’. media-focused strategies. Such a situation may Technology can support collective action change, as such strategies’ inadequacy in the by communities seeking to realise the ‘dream’ post-Zuma era becomes increasingly apparent. of the White Paper by vigorous participation in At the same time, the last few years have seen developmental government, but unless and until those the emergence of larger scale, cross-community, problems in local government are addressed, it will bottom-up organisations of the poor, such as Abahlali fulfil a small part of its potential, and generally tend to baseMjondolo. The possibilities of the White Paper a proliferation of waste rather than innovation. may then depend, not on somehow convincing a lost local state to reform itself, but in the convergence of Conclusion: Possibilities old traditions and new forms. The appropriate role for replication of technology in that will be as a humble servant, On the one hand, this profile may sound like a focused on what ordinary people need to act counsel of despair. Local government doesn’t together.

Perspectives from Civil Society on Local Governance in South Africa 91 DREAMS DEFERRED: REFLECTIONS ON THE LOCAL STRUGGLE FOR INCLUSIVE LOCAL ECONOMIC DEVELOPMENT IN THE THEEWATERSKLOOF LOCAL MUNICIPALITY

Boyce Tom - Trust for Community Outreach and Education

This In Profile contribution provides insights on experiences of land access struggles by small-scale farmers in Theewaterskloof (TWK) local municipality in the Overberg district of the Western Cape Province. The Trust for Community Outreach and Education (TCOE) chose this specific municipality based on familiarity and years of experiences of organisational support to local small-scale farmers towards securing their land-based livelihood strategies.

Based on the failure of the national land reform legacy of apartheid in the way they manage and programme to afford the previously marginalised allocate land use rights, particularly on commonage, sectors of our society, agricultural sectors in the in favour of white commercial farmers. countryside still reflect the character of apartheid The central argument derives from the view as spatial segregation with large commercial farms held in the White Paper on Local Government (1998) owned by a minority of white farmers. Moreover, and other policies and legislation that provides scope lack of transformation is manifested in the way local for local municipalities to play a meaningful role in municipalities have been continuing to maintain the undoing apartheid spatial segregation. The basis

92 Perspectives from Civil Society on Local Governance in South Africa of the new democratic dispensation was based on tackling the legacy of the Apartheid era, the elements Municipal commonage provides opportunities for land reform primarily of which remain a defining feature of our society. It because it is public land which does not need to be acquired. is against this background that this paper suggests that certain municipalities are not living up to their to the Department of Land Affairs (now Department mandate of being “developmental” in their approach, of Rural Development and Land Reform), municipal as required by the Local Government White Paper commonage provides opportunities for land reform and other legislation, and especially as it relates to primarily because it is public land which does not making use of commonage land. need to be acquired (DLA 1997). Local government is therefore expected to work closely with the The context: local Department of Land Affairs to ensure that land reform government position; what and restitution processes are incorporated in their does land reform mean to Integrated Development Plans (White Paper on Local municipalities? Government 1998). Theewaterskloof municipality is in the Overberg The experience on the ground shows that District of the Western Cape Province and was many municipalities continue to be enclaves of formed on the 12th of December 2000 and named the apartheid administration system in that they after Theewaterskloof dam near Villiersdorp. The continue to prioritise white commercial farmers when commercial agriculture sector is the backbone of the it comes to commonage land leases. The terms of local economy and the largest employer, which has lease agreements vary significantly between white contributed to population growth, especially in towns farmers and black small-scale farmers with the former surrounded by fruit and wine farms. However, the category getting as long as 99 years whilst the most seasonal nature of farm employment and the extent small-scale farmers get afforded only nine years and of farm evictions places many households in the grip eleven months at most. This practice is inconsistent of poverty. The government land reform programme with the ideals of democracy and the conditions has not made much difference in land ownership or under which commonage land should be used. The land use in the area. Predominantly, owing to high White Paper acknowledges the fact that previous land values in the area, the favourable land reform local governments did little to uplift those that had route notable in the area has been in the form of farm the greatest need and therefore the new mandate worker Equity Schemes, which allows farm workers is to redress the imbalances created by previous using government land reform subsidies to earn a discriminatory systems. Anderson and Pienaar (2003) share of ownership on commercial farms they are noted that the commonage programme contributed employed in. Besides this arrangement, there is little to the greatest transfer of land attributed to any one land reform that has happened in this municipal area. programme within the greater land redistribution Land reform opportunities that exist within state- programme. Moreover, the Department of Land owned land have not been fully explored despite huge Affairs maintains that reallocation of commonage to potential of this route to reach the poorest of the poor poor residents who wish to supplement their incomes and allowing municipalities to play a big role in the could help address local economic development realisation of this aspect of land reform. According and provide an inexpensive land reform option (DLA

Perspectives from Civil Society on Local Governance in South Africa 93 developmental local government: dream deferred?

1997). Sadly, very few municipalities have considered From 2012-2017, local small-scale farmers have taking up the issue of commonage in this way. From been subjected to punitive livestock bylaws marked our engagements with the TWK municipality to by large-scale impoundments of their animals. In facilitate land access for small-scale farmers, the some cases, such as those in Riviersonderend, municipality maintains that it is not their mandate to members of a local golf club which exists on provide land to small-scale farmers. commonage, had been killing a lot of animals Contrary to this assertion, the municipality’s (mainly pigs and goats) that strayed onto the golf Integrated Development Plan acknowledges a need course. These circumstances have contributed to to develop a clear strategy to unlock the opportunities large-scale of loss of livelihoods as these farmers for agricultural development for emerging farmers are unable to recover from loss of livestock. Since in the areas of Riviersonderend, Tesselaarsdal and 2012, TCOE has been supporting these farmers Genadendal and for that to be possible, land must to access legal representation to ensure that their be made available (3rd Annual Revision 2015-2016). legitimate rights to livelihoods through farming is In the same document, the municipality further observed and protected. TCOE has been working commits to prioritising making land available for together with local small-scale farmers within the small-scale farmers of Ward 7 (Botriver) and Ward forum of land rights movement to advance a position 1 (Riviersonderend) as priority areas one and ten that livestock impoundments cannot be solved via respectively. the courts, but that it requires that we come together with local authorities to find sustainable solutions and Realities on the ground secure access to land. Currently, local small-scale This section draws on experiences of what has been farmers from Caledon, Riviersonderend, Greyton and happening on the ground in small rural towns in the Genadendal are still hopefully waiting for the release TWK municipality. In these areas, the majority of of their animals which were impounded in April 2016. small-scale (mainly livestock keepers) are facing The Caledon Magistrate Court ruled for the release of huge challenges sustaining their land-based the animals, however the municipality decided to file livelihoods as they are forced to overcrowd marginal for a leave to appeal the judgment, which is an action pieces of land under severely insecure tenure which further dragged out the process. The burning arrangements. Despite these conditions, farming question from the small-scale farmers is: where will households derive reasonably fair amounts of their livestock graze? This question arises from the financial returns from their activities. Several efforts fact that the TWK municipality is busy selling land that made to engage the municipality for access to better the farmers are using. TCOE’s experiences working and more secure pieces of commonage land have with grassroots formations of the landless people not yielded any positive results thus far. Contrary to using municipal land to pursue their livelihoods have finding meaningful ways of supporting them through shown a strong resistance from municipalities to making available existing commonages for use by recognise and support local initiatives by people who small-scale farmers, the municipality continues seek to uplift their economic situation through land use. to lease out its land to surrounding large-scale In 2016, the Theewaterskloof municipality commercial farmers, some of whom already have advertised its intension to sell ERF 959 which is more than one farm. about 235 hectares. This land was and is currently

94 used by several local small-scale farmers in Greyton and Genadendal for livestock keeping. Local farmers The key argument we want to advance here is that public land should objected to the intention and it was clear from the prioritise the public interest and unilateral decisions to sell land out from council minutes that no one in that chamber raised under small-scale farmers is inconsistent with the country’s Constitution concerns about the situation of small-scale farmers. Act 108 of 1998 It took a sustained mobilisation of all small-scale farmers to formulate their position as to why they ideas for future intervention strategies, including think the land should not be sold. Through our policy recommendations. The lessons learnt from advocacy, the municipality has since changed its the above show the magnitude of the task that decision and allowed farmers to continue using lies ahead to redress the imbalances of the past the land. Recently, the municipality has served the discriminatory regime. With a reasonably sound Caledon local farmers with notice to vacate the piece policy framework, which places responsibility on of land (Treyntjies Rivier-No 483) they are using to all spheres of government to addressing existing keep pigs and grazing livestock. Again, this land used inequality, it seems there is a lack of coordination to to be owned by Public Works and was later donated enable successful implementation of development to the municipality. Several policies (Spatial Planning programmes. Considering the example of the and Land Use Management Act) categorically affirm Theewaterskloof municipality, it appears that the role of municipalities and accordingly place selling and leasing commonage land to those responsibility on them to fulfil their role as land use who already have a lot of land could be serving to planning decision makers, as per constitutional reinforce rather than undo racially-based spatial mandates and obligations. This mandate is further segregation. Moreover, the existing commonage affirmed in the Local Government White Paper which policy has not been fully implemented by many clearly spells out new responsibilities of democratic municipalities, despite its huge land redistributive local government. The key argument we want to and developmental potential. This paper suggests advance here is that public land should prioritise the that the TWK municipality needs to revisit its public interest and unilateral decisions to sell land out Area Based Planning which clearly describes from under small-scale farmers is inconsistent with opportunities for local government to make play a the country’s Constitution Act 108 of 1998. meaningful role in the national programme of land reform. TCOE, together with Mawubuye Land Rights Conclusion Forum, finds it difficult to justify the selling of state The paper concludes by summing up some lessons land in the context of such a high demand for land learnt, as well as further proposing and inviting some from previously disadvantaged people.

references

Anderson & Pienaar (2008) Evaluating Land and Agrarian Reform in South Africa: An Occasional Paper Series. Programme for Land and Agrarian Studies, University of The Western Cape. Government Gazette, 5 August 2013; Spatial Planning and Land Use Management Act No.16 of 2013. Department of Land Affairs (1997), Municipal Commonage: Policy and Procedures. White Paper on Local Government (1998). RSA

Perspectives from Civil Society on Local Governance in South Africa 95 15 YEARS OF THE GOOD GOVERNANCE LEARNING NETWORK

Monique Damons - Good Governance Learning Network Secretariat

This paper aims to reflect on the work of the Good Governance Learning Network since its inception in 2003. It commences by outlining the local government context and the motivations behind the establishment of the Network. This is followed by insights into the value that it adds to the work of its members through reflection on its inherent characteristics, programmatic achievements and review and evaluation outcomes. The lessons that the Network has learnt is then given attention. Finally, the paper looks forward to future Network developments. institute for isandla : m langa P hoto

South African local governance – given the right to govern the affairs of their milestones and challenges geographic demarcation. The transformation process One of the major milestones of South Africa’s was further underpinned by a comprehensive policy democratisation process was the transformation of developed to give effect to the new constitutional the local government system. The Constitution of vision of local government, namely, the White Paper 1996 introduced, for the first time, a comprehensive on Local Government of 1998. The White Paper local government system with wall-to-wall set out a framework and programme for the radical municipalities, covering the entire republic. Local transformation of the entire local government system. government became an autonomous, yet inter- The central thrust of the White Paper was the concept dependent, sphere of government with municipalities of developmental local government, defined as “local

96 Perspectives from Civil Society on Local Governance in South Africa government committed to working with citizens and become capable service delivery entities, prioritising groups within the community to find sustainable ways those with the most serious capacity and financial to meet their social, economic and material needs management constraints and reflecting high rates of and improve the quality of their lives” (RSA 1998). unemployment and poverty (Pieterse 2007; City Press The new local government system was 2011). implemented in December 2000 and municipalities Despite providing hands-on support to local subsequently made significant development progress. government, as well as a systemic local government Multiple gains were made, including the delivery of work and reporting framework, Project Consolidate services, the implementation of policies around free failed to live up to expectations (City Press 2011). basic services and integrated development planning, Project Consolidate was followed by a raft of and equitable share funding (De Visser 2009; RSA subsequent similar local government support 2014). However, by 2004, there were signs that the programmes attempting to deal with largely the same new system was not functioning properly (Nel & challenges albeit with different strategic approaches. Dunoon-Stevens 2015) – among these signs were These interventions included the national Department direct action protests against municipalities, which of Cooperative Governance and Traditional Affair’s became a frequent occurrence (Ballard et al 2006). (CoGTA’s) Local Government Turnaround Strategy According to Pieterse (2007), the major challenges (2009), which aimed to re-build and improve the basic local government faced at the time included: requirements for local government, and the Back to • Weak integrated development plans and local Basics Programme (2014), which tailored support to economic development programmes. different levels of municipal performance. • Inadequate intergovernmental coordination and Despite these efforts, the continued alignment of municipal planning and service dissatisfaction of the public with the performance delivery. of local government was reflected in an increasing • Unsatisfactory and weak citizen participation. number of violent civic protests targeted at local • Poor municipal capacity. government. Nationally, the number of protests reached the 100 per annum mark in 2008, peaking at The National Department of Provincial and Local 204 in 2009 and remaining at more than 100 protests Government (2006) at the time responded to these per annum between 2010 and 2017 (Dullah Omar and other challenges with a policy agenda called Institute 2018). the Local Government Strategic Agenda 2006-2011. In early 2018, the Auditor-General (AG), reported The agenda specifically focused on addressing a decline in accountability and decisive leadership at institutional capacity constraints, service delivery the municipal level based on the 2016-17 municipal backlogs, poor local economic development, poor audit outcomes. Among other statistics, the AG financial management and governance shortcomings; reported a 75% increase in municipal irregular it further informed Project Consolidate, a special expenditure (Auditor-General of South Africa 2018). national local government support programme The municipal audit results further headlined the initiated in 2004. 2018 CoGTA budget vote speech in May delivered Project Consolidate involved multiple support by Minister Zweli Mkhize. The speech highlighted measures to assist 136 dysfunctional municipalities to that the performance of the majority of municipalities

Perspectives from Civil Society on Local Governance in South Africa 97 developmental local government: dream deferred?

is below expectations with 87 priority municipalities Africa. The GGLN emerged at a time in South Africa’s identified by CoGTA and National Treasury as local government trajectory when problems with the distressed or dysfunctional, requiring urgent local government system started to emerge. The intervention. It further noted that 27 municipalities establishment of the GGLN therefore represented a received disclaimers from the AG in 2016/2017, 11 much-needed strengthened response by civil society are currently under administration and there is an organisations in South Africa to a growing local exorbitant level of municipal debt which continues to governance challenge. be a problem (Mkhize 2018). The networking and learning work of the Mkhize (2018) further punted an aggressive GGLN has responded to the continued challenges turnaround strategy, similar to past interventions such experienced in the local governance space. The as Project Consolidate and the Turnaround Strategy, thematic areas of focus across all GGLN interventions to reverse poor municipal performance and build are linked to the broader role of South African civil functional municipalities. This intervention includes a society in local governance and the Network’s work comprehensive review of non-viable municipalities, has, over the years, touched on many aspects of as well an intensive Recovery Programme in line with local government policy and practice. Evidenced by a the Back to Basics Programme launched in 2014. The range of interventions over the years, these aspects Recovery Programme will provide municipalities with include: support in three areas, namely governance, financial • Deepening local participatory democracy with management and service delivery. an emphasis on active citizenship across CoGTA, further launched a four-point plan communities and with youth. through which this department will tackle the local • Public participation in local government processes government challenges (Van Rensburg 2018). The including pro-poor and community-based plan focuses on issues of governance, financial integrated development planning, planning land management, infrastructure delivery and political access via spatial development frameworks and problems. participatory budgeting. It remains to be seen if current interventions • Service delivery and access to basic services, will yield any tangible results, particularly in the particularly community-based monitoring of local current climate of increasingly violent public protests, government services and related community- targeted not only at local government (Mafhokala based activism. 2018) but at broader national issues falling within the ambit of local government such as land expropriation • Politics and policies of local government including (February 2018). urban politics and policy in informal settlement upgrading, as well as local government political A response to the local culture. government challenge • Governance, specifically the role of women in The GGLN was established in 2003 in response to the local governance, professionalisation of local need for improved networking, peer learning, practice government, intergovernmental coordination as and partnerships among civil society organisations well as local government ethics, responsiveness working to strengthen local governance in South and accountability.

98 Challenges facing civil society right provides an indication of whether or not the GGLN organisations reflects these characteristics or not. A ‘’ symbol The GGLN further emerged in response to continuing indicates that the characteristic is reflected by the institutional and sector changes and challenges Network, while an ‘’ indicates that it is not. The results experienced by CSOs working in local governance. indicate that the GGLN generally meets the definitive The advent of the democratic era in South Africa characteristics of an inter-organisational learning saw significant shifts in the civil society landscape, network, providing its membership, from a theoretical including changes in organisations’ relationships and practice-based perspective, with a complete and with government, with a notable shift toward the robust mechanism for peer networking and learning. “development partner” approach; the freedom to significantly contribute toward establishing a healthy Characteristic GGLN democracy; and the establishment as well as closure Voluntarily established by autonomous  organisations combining their efforts to of a number of organisations (Habib & Taylor 1999; attain objective that they cannot attain Burger et al 2017). At the same time, South African effectively or at all on their own. CSOs face, among other changes and challenges, Typically established to help their participants  decreasing funding and stricter funding conditions better understand and work through at the local and international level, while human ambiguity and complexity in their work. resource limitations, organisational regulation and Guided by a shared vision and common  accountability continue to be complex issues that purpose. organisations continue to grapple with (Habib & Taylor Operates as a shared conceptual system  1999; Burger et al 2017). within which the participating entities perceive, understand and frame aspects The value added by the GGLN of their work. Creates no new entities, but is a framework for co-ordinated behaviour to the work of its members to produce a new collective outcome. over the past 15 years Loose organisational form based non-  The value that the Network has added to the directive horizontal organising principles. work of its members is reflected upon using three Diversity. Involves or aims to involve  mechanisms – a mini analysis of the GGLN based widest possible spectrum of points of view. on learning network theory and practice, a reflection Is designed and organised to support/  on the programmatic achievements of the network, facilitate learning. as well as insights from the various reviews and Is interactive and connected. The  evaluations conducted on the work of the Network. knowledge produced by a network is the product of an interaction between Theoretical and practice-based the members, and an aggregation of the mini-analysis member perspectives. The works of Ruggie (2002) and Downes (2007) on Is open. Each member is able to contribute  the theory and practice of learning networks, outlines to the network, and each member needs to the defining characteristics of inter-organisational be able to receive from the network. learning networks. The left column in Table 1 below Table 1: Applying the characteristics of inter- outlines these characteristics and the column on the organisational learning networks to the GGLN

Perspectives from Civil Society on Local Governance in South Africa 99 developmental local government: dream deferred?

Programmatic achievements important opportunities for networking, information and knowledge sharing and sector strengthening. The GGLN has reached a number of programmatic They also provide a platform for external sector milestones over its 15-year lifespan. These include: stakeholders including the national Department An active, engaged and sustained membership of Planning, Monitoring and Evaluation (DPME), of organisations working across South Africa the Auditor-General’s office and CoGTA to share The GGLN is a learning network driven strategically information on current affairs and developments in the and operationally by the requirements and needs of local governance sector. its membership. The network is currently constituted The Managers’ Forum by 21 member organisations (18 CSOs, two academic The Managers’ Forum has been run since 2011, and departments and one public sector consultancy). The provides a regular meeting space for the leadership GGLN has since its inception been subject to the of GGLN member organisations. Structured as a shifts in the South African civil society landscape. two-day retreat, it facilitates strategic reflection, Despite this, membership numbers have remained networking and peer learning. largely stable over the years. Starting with less than 10 organisations, membership has grown slowly but Past face-to-face events and activities: consistently. Over the years, membership numbers have Local learning exchanges been influenced by: organisational closure, the strategic Local learning exchanges facilitated capacity re-orientation of organisations away from a focus on building by allowing members to engage with fellow local governance matters, and an inability of members members or external sector stakeholders around local (one in particular) to adhere to the core values of the governance events or interventions. network resulting in membership termination. Regional learning events A continued appetite among members for Members and participants of these events focused peer networking and learning on facilitating knowledge sharing and peer learning, Face-to-face networking and learning events and indicated that they were particularly useful and activities have over the years anchored the GGLN’s valuable in terms of bringing together people from a networking and learning offering, successfully range of organisations across civil society and the facilitating member collaboration. state while providing information about the different These events and activities have over time been government and civil society approaches to particular supported by a number of communications tools issues. The events were also an important strategic including a newsletter, website and social media opportunity for members to showcase their work platforms. and have a positive impact on current debates and discussions on a particular issue. Current face-to face events and activities: International exchanges Members’ meetings International exchanges provided an opportunity for Members’ meetings provide opportunities for members to learn across South Africa’s borders from members to reflect, learn and share their work and countries with similar development trajectories and related challenges and successes. They create local government contexts to South Africa.

100 Sustained joint knowledge production represented on a number of external structures over GGLN knowledge production in support of learning the years including Local Government Action, the has been anchored by the publication of the Department of Planning Monitoring and Evaluation’s State of Local Governance. The State of Local (DPME’s) Citizen-Based Monitoring Framework Governance encompasses contributions from member Committee, the Open Government Partnership South organisations including peer reviewed papers and Africa, the CoGTA Steering Committee, and the short project profiles/perspectives related to an DPME’s Strengthening Monitoring and Performance annually identified theme. As the GGLN’s flagship Management for the Poor project. 2018 participation research project, this publication offers perspectives includes Parliament and SALGA’s Local Government from civil society on the key challenges, debates and Week 2018. The Network has also engaged in progress with governance and development at local select joint advocacy through occasional policy level in South Africa. 2018 is the 10th publication submissions. year. Findings from reviews and In the past, members were also able to access evaluations research grants in support of knowledge production. Research grants aimed to provide GGLN members The GGLN has, since 2003, contributed significantly with an opportunity to expand on their existing to creating a strong local governance civil society work and research initiatives, either by adding a sector. The GGLN seeks to be reflective in nature, research activity to existing work or by facilitating the respond to members’ needs and opportunities, and production of new/additional research outputs. continually strengthen its offerings and influence. Various reviews and evaluations have therefore been conducted on the work of the Network over the years. An experienced Secretariat and member host This section will specifically focus on the outcomes coordinating all Network activities of a 2013 evaluation, a 2017 independent strategic Isandla Institute has hosted the GGLN Secretariat review and a 2018 evaluation. The outcomes of the and managed associated funding grants since 2010. review and outcomes indicate that despite facing To date, the Secretariat has been able to successfully constraints, the GGLN has managed, over the past deliver against its mandate and GGLN objectives, five years in particular, to maintain the value it adds providing evidence of the need for and value of an to the work of its members. experienced management structure to coordinate an intervention like the GGLN. Key findings from 2013 evaluation

Local governance sector networking and Subsequent to the development of an impact influencing assessment framework (Mosdell 2012), a baseline As evidence of the recognition of the Network by evaluation of the GGLN programme of work was external stakeholders, the GGLN Secretariat and conducted in 2013. 2013 marked the Network’s membership is regularly invited and well-represented 10th anniversary, serving as an important reflective at relevant, strategic local government events and moment on its value and functioning. The assessment on relevant bodies. The Network has been formally was predominantly internal but did include external

Perspectives from Civil Society on Local Governance in South Africa 101 developmental local government: dream deferred?

elements. Overall, members reported that the GGLN the GGLN adds value to the work of its members, added significant value to their work (Konstant 2013). albeit to varying degrees (Moolman 2018). Member The key results from the assessment (Konstant perspectives ranged from those indicating that the 2013), which used survey and interview methods, GGLN generally performs its purpose well, to those were: indicating that certain aspects of the programme • Overall satisfaction of the membership with the were useful but that there is room for improvement GGLN programme of work was generally very high. (Moolman 2018). The platform for the sharing of • Opportunities for joint learning were generally well experiences and learning that the GGLN provides was received by the membership, and considered to considered valuable, with increased member access be valuable. and collaboration leading to significant programmatic • Knowledge generation by the GGLN, and gains in certain instances (Moolman 2018). particularly the production of the SoLG, was considered by both internal and external 2018 assessment findings and reflection on the GGLN’s respondents to meet an excellent standard, impacts adding value to the local governance sector. As 2018 marks 15 years since the establishment It was seen as the network’s ‘strongest asset’. of the GGLN, including the end of a programmatic Internal and external respondents ranked it highly. phase, the GGLN Secretariat undertook a short • Improvement of network profile, visibility and retrospective summative evaluation in July 2018 to outreach via various communications mechanisms determine, together with other evaluation outcomes, was deemed to be an area requiring major the benefits that members have derived from improvement. the programme, and ultimately the value of the • The external networking and influencing role the programme. The evaluation was conducted in line Network could play in the local governance sector with aspects of the impact assessment framework was a point of comment, discussion and debate developed in 2013. by internal members. • The Secretariat was widely acknowledged to The internal mini-evaluation helped to determine, operate at a very high standard and to have through self-reported means, the extent to which provided an efficient and professional service the GGLN has delivered on its outcomes as well with the execution of the GGLN programme of as its goal of building the capacity of its member work. organisations. The evaluation made use of a quantitative methodology with a survey. The survey 2017 independent strategic review specifically focused on member perceptions on An independent strategic review conducted at the outcomes delivered as well as if and how they think end of 2017. The review, which formed part of a the GGLN has contributed to growing their knowledge broader strategic review process which commenced and abilities. in early 2017, formally confirmed and reiterated Selected individual staff members representing previously indicated requirements and further member organisations were requested to complete assessed the future needs of members. The review an online questionnaire. The 16 respondents were a engaged members via interviews and indicated that mixture of individuals based at member organisations

102 operating at practitioner level (37%) or senior have derived from the Network’s activities. Specific management level (62%) within their organisations, results were: and who have engaged with GGLN interventions. • 88% indicated they know significantly more about Their perceptions on outcomes delivered were the work undertaken by civil society organisations assessed using the Likert scale (very poor; poor; in the local governance sector. okay; good; very good). • 81% indicated that they have developed at least Overall, respondents rated outcomes to be good. one or more professional working relationship Key results were: with other organisations in the local governance • 94% of respondents considered the general sector. standard of the GGLN programme to be good. • 50% indicated that they know a little more about • 68% considered the standard of face-to-face local government policy and practice while 50% learning activities and events to be good while indicated they know significantly more. 31% considered it to be very good. • 75% say they have improved their practice in • 44% considered the standard of standard of the local government sector somewhat while 25% knowledge production, specifically the State of indicate they have improved it significantly. Local Governance publication, to be good, while a further 50% considered it to be very good. Table 2 below further outlines the ways in which • 50% considered the standard of GGLN respondents indicated that the GGLN helped them communications, including the website and to improve their practice, while via Box 2 members newsletter, to be good, while 25% considered it to indicate in their own words what value GGLN be very good. activities have added to their work: • 75% considered the execution of the GGLN programme of work to be good. Practice improvements Percentage of • The question around the quality of relationships respondents with and/or nature of support given to I have increased or am planning 25% organisations in the governance sector other to increase the amount of local than GGLN members e.g. Parliament, or Open governance work I am doing. Government Partnership garnered a mixed I am doing local governance work 25% response. More than 50% of respondents ranked in a more (sector) strategic way. this as okay to good with approximately 31% The effectiveness/quality of my 38% local governance work has indicating that they were unable to answer the improved. question – this is mostly attributed to their lack I have embarked on a new local 25% of awareness on these activities partially due governance project. to the level of seniority (practitioner) within the I am collaborating with other 56% organisation. organisations on a local governance project. The second part of the survey focused on the I am better able to respond to 56% effectiveness of the GGLN. Respondents were the strategic and operational issues facing my organisation. specifically requested to reflect on the benefits they

Perspectives from Civil Society on Local Governance in South Africa 103 developmental local government: dream deferred?

Box 2 - How the GGLN has added value to my work - quotes from members GGLN provides a unique platform for critical engagement with others in the sector as well as an analysis of local government trends and The networking with organisations that do similar policies. It also assists with internal reflection work has allowed us access to information and strategies in dealing with common about other programmes, methodologies and challenges which PEP and other civil society possibilities of collaboration. actors face. Rama Naidu, CEO, Democracy Development Noah Schermbrucker, Programme Coordinator, Program People’s Environmental Planning

The GGLN has opened up avenues of potential The GGLN offers the Black Sash the collaboration and has also broadened the opportunity to think strategically about the horizons of the work that I do within local leadership and governance challenges at a governance... national and local level that negatively impact Kevin Foster, Associate, PDG on local service delivery. The insights gained from the work of GGLN members helped us The GGLN has created a platform where we to improve our ways of engaging effected can meet with like-minded individuals and communities and adjust our methods of engaging organisations, learn from each other’s work government. Lynette Maart, National Director, and improve our effectiveness in the local Black Sash Connectivity, spur to thought, spur to government space. action. Edward Molopi, Research and Advocacy Officer, Lynette Maart, National Director, Black Sash Socio-Economic Rights Institute of South Africa ...It’s been particularly effective and impactful to Our involvement in GGLN is invaluable in placing work together with other GGLN organisations in our work in a broader policy context. It has also the local community of practice space in Cape been instrumental in enabling the formation of Town. In this way our tactics, experience and a national consortium project between 2016 engagement can be complimented to gain more and 2018 in the “Accounting for Basic Services” comprehensive insight and understanding of a project which has facilitated a national footprint particular issue. for the project partners. Yolande Hendler, Research and Documentation, Cameron Brisbane, Executive Director, Built Community Organisation Resource Centre Environment Support Group

Being an associate member of the GGLN has Implementation challenges significantly enriched our work in the Department of Political Studies at the University of the Ruggie (2002) argues that the chief strength of Western Cape. We have formed strong networks learning networks is also their main weakness: an with fellow members which has led to improved analysis in our research and writing. Beyond autonomous networks of actors, each with different this, these networks have contributed to the interests and needs that intersect only partially. department developing new and enriched post- This diversity is apparent in the nature and range graduate courses, focused on local governance and community engagement. of commentary provided by members on the value Fiona Anciano, Senior Lecturer, Department of of the GGLN as part of the 2017 independent Political Studies, University of the Western Cape strategic review, and while this characteristic has its advantages, it presents significant challenges. These

104 challenges are particularly experienced through the challenging to attain in the current CSO funding climate work of the GGLN Secretariat. In early 2018, the and given the inherent nature of the programme. GGLN Secretariat partook in a strategic planning The challenges and lessons from the GGLN exercise with its host organisation (the Isandla experience offer useful insights for others wishing to Institute) where challenges and associated lessons initiate similar networks. related to the implementation of the GGLN emerged. These are discussed below. The future of the GGLN The Network’s success is dependent on the As part of the 2017 independent strategic review, commitment and the available skills and capacity of members expressed a desire to keep the GGLN Network members as well as the Secretariat (and going past 2018, with a rejuvenated mandate by default the host organisation) and governance to enable networking and learning, knowledge structures. Limited internal member capacity to production, collaboration and network promotion. effectively and efficiently engage, including their The future of the GGLN was further discussed and ability to take ownership and run aspects of it, and confirmed at strategic discussions held in early limited Secretariat capacity, has in the past hindered 2018. Given the continued challenges faced by local programme implementation. Capacity constraints government in South Africa and by South African present a real risk to all aspects of the programme, CSOs working in local governance, the importance affecting strategic and operational processes at the and value of an intervention like the GGLN cannot be programmatic level, including the quality and efficacy overemphasised. of deliverables. The GGLN’s work from 2019 onwards will Learning and networking activities are subject focus on continuing and deepening learning. The to a process of continuous change as the needs nature of the Network’s offerings will, however, be and wants of members differ and change, requiring somewhat of a departure from previous interventions openness, patience, flexibility and adaptability from and in some ways innovative in comparison to members but also from the Secretariat and GGLN other similar networks. The Network will aim to governance structures – this can be difficult to attain offer dual (face-to-face and virtual) networking and when a Network is comprised of autonomous actors learning interfaces as well as a range of learning each with different interests. opportunities, spanning thematic, technical, strategic Not all members are satisfied with or willing and operational learning. It will also aim to be more to engage with all aspects of the Network at any responsive to the varying degrees of capacity across particular point in time. Managing all their wants, member organisational hierarchies and the need needs and expectations with what is pragmatic and for more active learning interventions. Furthermore, realistic is challenging. Sufficient and continual there will be a push toward decentralised networking member consultation is necessary to keep the and learning, with member organisations (rather momentum going. than, and/or in addition to, the Secretariat) taking The GGLN is complex programme to implement the lead with implementing virtual thematic learning in terms of its offerings, and management and interventions. A critical mechanism to attain these governance structures. The Network is resource- objectives will be the establishment of thematic heavy, requiring sustained external funding, which is learning groups.

Perspectives from Civil Society on Local Governance in South Africa 105 developmental local government: dream deferred?

The purpose of learning, in the context of the member advocacy, joint projects and other actions. GGLN, will be multi-fold and learning processes will The work of the learning groups will also thematically be structured accordingly. Learning will therefore be inform concurrent activities of the GGLN from focused on outputs related to learning for knowledge 2019 onwards, particularly knowledge production, and skills enhancement, learning for practice, communications and face-to-face networking and learning for policy and learning for action. The latter learning activities. will enable formation and action processes, which The GGLN’s ambitious future programme of could take the form of an advocacy intervention or a work will require expanding the capacity and funding joint project. Thus, while the thematic learning groups of the programme, particularly the Secretariat. It will will act primarily as learning mechanisms, it is also need increased commitments and involvement from envisaged that these can act as platforms supporting members for it to come to fruition. In the current formation and action by members of the learning challenging CSO climate where many organisations group and other GGLN members around a particular face continued capacity and funding constraints, the issue or theme. In this way, the GGLN will, through its future work of the GGLN presents a real but exciting networking and learning activities, indirectly support challenge for its membership.

106 references

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Perspectives from Civil Society on Local Governance in South Africa 107 The Secretariat of the GGLN is hosted by Isandla Institute Tel: 021 683 7903 Fax: 021 683 7956 Email: [email protected] www.ggln.org.za Cover photo courtesy of: Afesis-corplan Cover photo courtesy of: